BY SAM ALFAN.
Two employees oo Marimba Investment Sacco have been arraigned before high court criminal division and charged with murder.
The driver and driver , George Irungu Maina and Ian Mbungua are alleged that on the December 24th 2017 they killed former Maseno University student Joseph Ng’ethe Kiarie.
The accused persons however did not answer to the charge before lady justice Jessy Lesit and charged with murder since they didn’t have a lawyer to represent them as required by the law.
The prosecution told the court that the two matatu crew are fit to stand trial.
It is alleged that the deceased was allegedly beaten to death by the matatu crew on Christmas Eve in Nairobi after an altercation over a minor accident.
The former Maseno University student leader had complained that the driver of the minibus was in the wrong but he was outnumbered in his quest for compensation for the damage to his vehicle.
On Monday the high court declined to allow Marimba Sacco continue with their operations within This Superhighway.
Judge Roselyn Aburili said that the court cannot review an administration Act unless all other internal mechanism set by law are fully exhausted.
Further the judge said that the Suspension letter or notice was issued within the parameter of the act in the regulation of public service vehicles.
”The appropriate statutory body that is mandated to hear the grievances regarding decision made by the authority is the transport licensing appeals board and not the high by way of judicial review,” ruled Aburili
NTSA had argued that the court noted has no jurisdiction to hear and determine the matter adding that the applicants failed to exhaust all the internal appeal mechanism before approaching the court.
Marimba Investment Sacco moved to court to challenge the suspension of its license which was suspended after a motorist was allegedly killed by its crew. Marimba claim that the move by NTSA is hurting their business adding that most of the PSVs were acquired on loans payable monthly.
The matter will be mentioned on the 24th of this month when the two are expected to answer to the charge.
Justice Lessit directed that they be remanded at Industrial area remand.
