A man charged with causing a pedestrian’s death by reckless driving has asked the court to delay his judgement until he can confirm his wife’s whereabouts.
John Karanja told Kibera senior resident magistrate Faith Mutuku that he had not seen his wife for a while.
“Madam, don’t read that judgement today as I have not seen my wife for a long time.
I need to get her back home before my judgement is read,” Karanja told the court.
He said that he was the only parent for their kids and it was would be devastating for them if the court were to convict him.
“I want her back home so that she can take care of the family.
I am the only person in charge now and I am the breadwinner of my family,” he added.
Karanja said that a friend had informed him that his wife had gone to a foreign country and requested the court to give him one month to locate her.
“I am left with the children and I am the sole provider.
Don’t jail me today, I need to speak to them. Grant me one month to know where their mother is,” he told the court.
Karanja made his request even before the magistrate read her verdict of the case.
At some point, the magistrate inquired from the prosecutor for more directions.
“Prosecutor, what can you say about this issue.
This matter has overstayed in court and we need it finalized and close this file,” Mutuku said.
The prosecutor told the court that Karanja was a first-time offender but urged the magistrate to proceed with the judgement.
The magistrate was found Karanja guilty of the offence. Mutuku said that the prosecution proved the case against him.
Karanja is accused that on December 6, 2012, along Naivasha Road, while driving recklessly, he killed David Mise of 34 years old who was crossing the road from left to right.
He denied the charges and was released on bond.
According to the prosecution, Karanja was overspeeding a matatu when it lost control and hit Mise.
The prosecution said that the man died while undergoing treatment at the Kenyatta National Hospital after getting first aid at Melchizedek Hospital.
A post-mortem report presented in court showed that the man died from internal bleeding and injuries. It also showed that he had been hit by a blunt object.
A doctor from Kenyatta National Hospital testified that he received the deceased in critical condition and he died while undergoing treatment.
Mutuku said that the doctors, vehicle examiners and other witness proved to the court that he committed the offence.
On his mitigation, he said that he was a man of family and asked the court for forgiveness.
He said that he was the breadwinner of his family and added that the incident was an accident and he did not intentionally cause the man’s death.
Mutuku ordered that a probation report be filed in court before the mentioning date on November 26.