BY SAM ALFAN.
Director of Public Prosecution has filed a notice of appeal against High Court decision that blocked arrest and prosecution of Safaricom consumer business Manager Sylivia Mulinge after she allegedly killed an 8 year old child on Southern bypass in a road accident.
DPP has said he was not dissatisfied with the decision of Justice George Odunga.
” Take Notice, being dissatisfied with the decision of the court Justice George Odunga given on the 11 of May ,2018, herein appeals to the Court of Appeal against the whole of the said decision ” say’s notice of appeal.
Justice George Odunga in his ruling prohibited Director of Public Prosecution from prosecuting her for the offence of causing the death of a minor by dangerous driving. Pastor James Ngang’a of Neno evangelism center was charged with the similar offence.
In a judgement read on his behalf by Justice John Mativo, Judge Odunga further ordered that Mulinge should not be charged at the Kibera law courts unless the police and DPP have satisfactory evidence that the circumstances have changed to warrant a review of the initial decision not to charge her.
Sylvia moved to court last year October seeking to stop her arrest and prosecution before the Kibera Court.
“An order prohibiting DPP and IG from arresting , arraigning , processing the Applicant in relation to Traffic Case No. 6843 of 2017” said Sylivia.
She also sought to block hearing and determination of the Traffic case No. 6843 of 2017 intianted against her by the charge sheet dated 13, November, 2017.
“Orders be issued prohibiting DPP and IG from taking any steps which would results cumulatively or otherwise arrest and prosecution of the applicant pursuant to the road accident which occurred on 1 February, 2015 along the Southern By pass” Sylvia said in her court documents.
She further wanted High Court to quash directive on a letter dated 19 October, 2017 purporting to re-open for the trial of Sylvia Wairimu Njuguna on a road accident which occurred on 1 of February, 2016 in a total abrogation of Sylvia right to fair administrative action.
During the time of accident, the director was assigned to a Toyota Prado which caused the accident at 11:35 a.m along the Southern By Pass as she drove from Ngong Road direction toward’s Langata Road.
Sylvia reported the accident at Langata Police station on the same day and recorded a statement relating to the accident on 2 February, 2017.
The accident killed a 8 year old girl . The matter was investigated by the police.
Two years later Mugeria , Lempaa and Kariuki moved to court seeking orders to declare refusal of police under command of Inspector General of Police to investigate and take legal action against the the Safaricom Consumer Unit Director Sylvia Wairimu Njuguna as unconstitutional and against public policy.
