In Kenya, motorists who cause death by dangerous driving are fined less than people who commit petty crimes. Starehe MP Charles Njagua alias Jaguar was in February 2019 convicted for killing two people by dangerous driving and ordered to pay a fine of Ksh 40,000 or face imprisonment for six months.
In August this year, comedian Davies Mwabili, popularly known as Inspekta Mwala, killed a pedestrian in Kaloleni, Kilifi County by dangerous driving.
Several witnesses said that Inspekta Mwala was drunk when he hit and killed the pedestrian. He was trying to overtake another vehicle when he hit the pedestrian and veered off the road.
Kilifi court found Inspekta Mwala guilty of causing death by dangerous driving and he was given the option of paying a Ksh 30,000 fine or a one year jail sentence.
Note that Inspekta Mwala had paid Ksh 40,000 police bond to be freed after he was arrested for causing the accident. This means that the comedian could actually walk back to the court accounts office and demand a Ksh 10,000 refund.
The court however couldn’t charge Inspekta Mwala for drunk driving because there was ‘no proof’ he was driving under the influence when he caused the accident.
The victim’s family expressed disappointment at what the Rabai Police Station officers recorded in the Occurrence Book (OB), they claimed the officers had been compromised to omit some information [that Inspekta Mwala was drunk when he caused the accident].
Traffic Act on driving under the influence of alcohol attracts a fine of Ksh 500,000, or a 10 year jail sentence, or both. While Section 46 of the Traffic Act stipulates that anyone who causes death by dangerous driving is liable to a fine of up to Ksh 100,000 or a year in jail.
