A Nairobi court has declined to review the bail decision for Sammy Murigi Maina, the matatu driver accused of causing a crash that killed three passengers along Enterprise Road in June, ordering that he remain in custody until key prosecution witnesses testify.
Court cites concerns over witnesses and trial progress
Magistrate Paul Mutai ruled on Wednesday, October 28, that Maina should remain in custody, saying there were compelling reasons not to review the earlier bail decision at this stage. The court noted that the trial was progressing slowly, with only one witness appearing for the hearing that day.
Maina’s defence had asked the court to reconsider his continued detention, arguing that he was suffering while in custody. However, the magistrate was not persuaded to change the earlier decision.
The prosecution was directed to produce eyewitnesses and investigate allegations that the investigating officer was frustrating the hearings. The victims’ representatives had raised concerns about the officer’s handling of the case and called for the officer to appear in court to clarify the claims.
The matter is scheduled to resume on November 9, when the prosecution is expected to present further witnesses.
How the fatal Enterprise Road crash happened
The accident occurred at about 8pm on June 3, 2026, along Enterprise Road near KCB Bank in Nairobi’s Industrial Area.
According to the prosecution, Maina was driving an Isuzu minibus, registration number KDU 887C, operated by Risen Sacco, when he allegedly lost control while negotiating a roundabout. The vehicle reportedly struck a kerb, overturned and landed across the road.
The three passengers identified in the charge sheet as having died in the crash were Charles Brandy Wahome, Tamia Kalekye Nyambura and Edwin Kago.
Two other passengers, Eugene Ongundi and Dominic Mulwa, were allegedly injured.
The incident drew attention to the practice known as “manyoka”, a style of matatu driving associated with sharp swerves, sudden manoeuvres and stunts intended to entertain passengers or attract attention on the road. Investigators are pursuing allegations that dangerous manoeuvres were involved in the crash, but the allegations remain subject to proof in court.
Driver faces multiple traffic charges
Maina faces three counts of causing death by dangerous driving under Section 46 of Kenya’s Traffic Act, Cap 403. He also faces two counts of driving without due care and attention in relation to the alleged injuries suffered by the two surviving passengers.
An additional charge accuses him of operating an unroadworthy motor vehicle.
According to the charge sheet, the alleged defects included an obstructed emergency exit, reduced passenger headroom linked to installed multimedia screens, modified passenger seats, unsecured power inverters in the driver’s cabin, reflective window tint and a modified dashboard said to have obstructed the driver’s view.
These are prosecution allegations and have not been established as facts through a completed trial.
Maina was arrested nearly two months after the crash and was subsequently charged in court. In September, the court declined to release him on bail pending the testimony of key witnesses. It also directed that he receive medical treatment while in custody.
The November 9 hearing will be an important step in determining whether the prosecution can advance the case through witness testimony. The court has specifically directed that eyewitnesses be produced and that the allegations concerning delays in the proceedings be investigated.
