A businessman charged with killing a then third year engineering student was today put to the task of defending himself.
The accused, Job wangila Nyongesa told Senior Resident magistrate Electa Riani that he was not drunk on that fateful night when the fatal accident occurred killing Brian Kiambati on the spot.
The 35 year old father of two further told the court that he never made a wrong Uturn on Thika road adding that the deceased was the one driving on the wrong side of the road.
“I had on board two of my friends, upon reaching around GSU camp, I saw a vehicle at close range driving on the wrong side of the road,” said Nyongesa.
He said that was when the accident occurred and he couldn’t remember anything until he found himself in hospital.
Nyongesa blamed 21 year old Brian Kiambati for causing the accident that occurred at 3 am on January 30th 2016 along the Thika Super highway.
The hearing was emotional as the parents and sister to the deceased broke down in tears in court leading to them leaving the premises.
One of Nyongesa’s friends on board that day Lizifa Munyange Ondari also testified and told the court that Nyongesa was not drunk that day and she did not recall him making any wrong Uturn.
She told the court the three of them had stayed up all night watching movies and when the accident occurred, he was driving her to town to leave for Kampala.
However, the prosecution told the court that the witness could have been tired and sleepy for staying up all night providing a possibility that she did not notice when the turn was made.
Brian who was the only son of Mr and Mrs Kiambati was in the company of one of his friends who survived the accident.
The accused is alleged to have caused the accident after making a wrong Uturn upon noticing an alcoblow operation ahead.
Part of the incident was captured on camera by Citizen TV crew who were doing a story on alcoblow that night.
The cameraman and reporter already testified in court confirming that Nyongesa’s vehicle was the one captured making a wrong Uturn.
The video footage was also adduced and played in court as evidence.
The defense closed their case today and the magistrate gave them a date for their submissions to be 18th January.
