SERGEANT Dismas Motogwa Gitenge, who has since been interdicted, is charged with three counts of causing death by dangerous driving, failing to stop after an accident and giving false information.
He started his defence with insistence that the night he hit and killed KU student Maureen Wambui Gachagua, on July 15, 2018 at around 3.00am he was sure it was an animal.
“If it was a human being I would have stopped automatically, I didn’t think it was a human being,” the suspected killer driver said.
He could however not state what kind of animals are common on that section of the road at NextGen Mall on Mombasa Rd.
“I cannot confirm that…I could not be specific, I could not identify the animal,” he said.
The suspect told a magistrate that when one is driving and happens to hit an animal “you cannot stop to identify it.”
He said he is aware there are Maasai herders who cross the road with animals, sometimes, though the accident occurred t around 3.00am.
The suspect, guided by his lawyer, said there is also a park in the vicinity and that due to its proximity animals do cross that road.
He has called in a witness who denied he was not paid up to go to court and testify falsely to defend Motogwa.
Bonface Wanyonyi Juma, a 32 year old bouncer at the Blend night spot where the deceased was having a party shortly before the unfortunate incident says he saw he cross the road following a disagreement with the boyfriend earlier inside the club.
“They had started arguing with the boyfriend…the lady ran across the road after I had told them to get out of the club,” Wanyonyi said.
He said he saw she was hit when she attempted to cross back to her boyfriend who had remained on the other side of the road when she was hit but the driver never stopped.
According to the witness the deceased was drunk. He said wild animal s are hit in that area all the time.
The motorist is accused of hitting the woman on Mombasa Road and driving off with her body for three kilometers before dumping it in South C, Nairobi on Sunday.
Motogwa Gitenge was immediately interdicted by the Kenya Prisons department after he was charged with three counts; causing death through careless driving, driving under the influence of alcohol and failing to stop after an accident.