Court declines to compel police to release details on 'mystery' accident

The High Court in Nairobi has dismissed a case by a motorist seeking to compel police to release information regarding an alleged accident he insists never happened.

Protus Shimenga moved to court, stating that during the Covid-19 lockdown he was informed that his vehicle had been involved in an accident in Nairobi, yet he maintained the car was in Kakamega at the time.

However, Justice Lawrence Mugambi ruled that Shimenga had prematurely moved to court without exhausting legal avenues available to him.

According to the judge, Shimenga should have first sought orders from a lower court to compel the police officer to produce the required documents, and if the officer failed, pursue enforcement through warrants.

“The petitioner has therefore not proved a violation of his rights. The case is therefore dismissed with costs to the respondents,” ruled Justice Mugambi.

The case stems from an alleged accident that resulted in a Sh1.3 million judgment against Shimenga by a magistrate’s court.

Shimenga told the court he was shocked after being ordered to compensate Daniel Wafula over an accident said to have occurred along Gitanga–Muthangari Road junction in Nairobi.

In the case, it was alleged that Shimenga’s vehicle knocked down Wafula’s motorcycle.

The motorist insisted it was impossible, maintaining that his vehicle was in Kakamega at the time.

“The accident in question happened during the lockdown as a result of the Covid-19 pandemic and I was in Kakamega with my Motor Vehicle Registration Number KAK 332D and I am not aware how it was involved in an accident in Nairobi. The information the police are withholding is important, and it is intended to exonerate the Petitioner from the alleged accident,” he said.

Shimenga argued that he could not pursue an appeal because officers at Muthangari Police Station had declined to provide key documents, including the Occurrence Book extract, a P3 form issued to Wafula, and a vehicle inspection report.

He maintained that these were public documents that should be accessible upon request.

“I was not aware of this accident until I was served with the judgment. I went to Muthangari Police Station to be issued with the particulars of the accident, but I was not given the information.”

“Ordinarily the Police Abstract, the OB extract, the Motor Vehicle Inspection Report and a copy of the P3 Form are public information which should be furnished upon request. I have requested for the same pursuant to the Access to Information Act but the Traffic Commandant has refused, neglected and or deliberately declined to furnish me with the documents,” he argued.

In the initial case, Wafula had sued Shimenga and Beatrice Wanjiru, claiming that on June 1, 2020, he was riding motorcycle KMEC 595Y when it was hit by a vehicle allegedly driven recklessly.

He testified that he sustained serious injuries.

Court records show that Shimenga was represented and admitted ownership of the vehicle but denied knowledge of Wanjiru.

The magistrate’s court entered judgment against Wanjiru after she failed to appear.

During the hearing, Corporal George Ratemo from Muthangari Police Station testified and produced a police abstract dated September 18, 2020.

He confirmed that the accident occurred on June 1, 2020, at about 5:00 pm along Gitanga–Muthangari junction, involving motorcycle KMEC 595Y and motor vehicle KAK 332D, allegedly driven by Rebecca Wanjiru.

Ratemo said investigations blamed the driver of the motor vehicle, with details recorded at the scene, including the driver’s licence and insurance sticker.

On cross-examination, he stated that neither the vehicle owner nor the driver had been charged.

Shimenga, in his testimony, maintained that although the vehicle belonged to him, it had never been in Nairobi at the time of the accident and accused police of falsifying records.

He admitted he had not produced evidence to prove the vehicle’s location.

His son, Michael Shimenga, also testified, supporting the claim that the vehicle was in Kakamega on the material day.

In the High Court, Shimenga maintained that he had requested the documents but was denied access, and sought orders to compel police to release the information.

However, the court declined the request, dismissing the case.