Mr Mohammed Sheikh, the owner of the bus company before he was charged with failing to keep his vehicles in good condition. Photo/PAUL WAWERU
The owner of the ill-fated bus that crashed on the Narok-Nairobi Highway killing 42 passengers, was on Monday charged with operating defective vehicles.
Businessman Mohammed Sheikh of the City to City bus company was also charged with failing to keep a record of his drivers.
The prosecution was allowed to continue holding him in custody, for one more day, as the search for the driver of the killer bus, who has since gone underground, intensified.
“He has not been able to produce the driver yet and we need his assistance to trace him, he is also wanted before a Narok court to answer to other charges,” State counsel Violet Mwanza the court in Nairobi on Monday.
Mr Sheikh was charged alongside four other drivers of the bus company who were all accused of driving defective motor vehicles.
The drivers; John Kitheka, Justus Mutinda, Patrick Mwaniki and Joseph Isicha were each released on a Sh50,000 bond pending the hearing of the case.
The four were arrested last Friday on the Thika Super-Highway a day after the Narok accident, when police mounted a national crackdown on unroadworthy vehicles.
The prosecution said Mr Sheikh allowed defective vehicles to be driven on the roads and also failed to keep a track record of his employees. He denied four counts under the Traffic Act and was ordered to deposit a Sh200,000 bond for his freedom.
On Monday, magistrate Peter Ndwiga ordered that the businessman be held at Muthaiga police station, to help with investigations and in light of the pending charges before the Narok court.
But his lawyer, Mr Cliff Ombeta, protested, arguing that Mr Sheikh was being “persecuted for nothing.”
“The aforesaid charges in Narok are still imaginary... he has been in custody since Thursday last week and an affidavit should have been sworn in case he was wanted in Narok,” Mr Ombeta said, adding that his client had nothing to do with the Narok accident and had been arrested for “a completely different offence.”
The lawyer accused the prosecution of “mixing issues.”
The ill-fated bus veered off the road at Ntulele on the Maai-Mahiu-Narok Road on Thursday after leaving Nairobi for Homa Bay.
Mr Sheikh was arrested after Transport Cabinet Secretary Michael Kamau said the company should be held responsible for the accident.
Mr Kamau said a ban on passenger vehicles operating at night may follow to reduce accidents on the roads.
President Uhuru Kenyatta has said drivers and owners of public service vehicles would be held responsible for the deaths of their passengers.
