A Nairobi-based medical doctor, Dr. Moses Njoroge Ndung’u, has been found guilty of causing death by dangerous driving following a tragic incident in Ngara that claimed the life of pedestrian Kijendi Kithome. The conviction, handed down by Milimani Principal Magistrate Geoffrey Osarigo, comes after compelling CCTV footage contradicted the doctor’s defense, revealing his vehicle veered off the road while speeding.
The court heard that on the day of the accident, Dr. Njoroge was speeding towards Kasarani when his vehicle tragically struck Kithome, who was walking on the sidewalk near the Fig Tree area. Despite Dr. Njoroge stopping to administer first aid and later arranging for Kithome to be rushed to Kenyatta National Hospital via taxi, Kithome succumbed to severe head fractures sustained in the collision. A postmortem report presented by a pathologist confirmed these injuries as the cause of death.
Dr. Njoroge’s defense hinged on the claim that he swerved to avoid colliding with a matatu. However, Magistrate Osarigo dismissed this explanation, stating that the CCTV footage clearly showed the matatu had already stopped to give way, undermining the doctor’s narrative. “Having analyzed the evidence, particularly the CCTV footage, I find the accused guilty under Section 215 of the Criminal Procedure Code for the offence of causing death by dangerous driving,” ruled Magistrate Osarigo.
The legal framework in Kenya, specifically Section 46 of the Traffic Act, defines the offense of causing death by dangerous driving. Key ingredients include driving a motor vehicle recklessly or at a speed or in a manner dangerous to the public, and causing the death of another person.
Courts emphasize that while an accident itself isn’t conclusive evidence of dangerous driving, there must be evidence of fault on the part of the driver. As seen in the case of Republic v Ndungu (Traffic Case 1239 of 2019), a driver’s decision to overtake when it is unsafe, even if they claim to have seen an obstruction, can constitute dangerous driving.
Dr. Njoroge has been remanded in prison and is awaiting sentencing, which is scheduled for Monday, August 25, 2025.
This verdict serves as a clear reminder that no profession or status exempts individuals from accountability for their actions on the road.
