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MagistrateOtherInquest E002 of 2021· [2022] KEMC 26 (KLR)

In re Inquiry Into the Death of Omar Shee Njia (Deceased) (Inquest E002 of 2021) (18 October 2022) (Legal Opinion) [2022] KEMC 26 (KLR)

Magistrates' Court
18 October 2022
ZKZK Kagenyo
605 words in judgment
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The bottom line

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A Kwale magistrate's inquest found a lorry driver died in a self-caused road accident while avoiding a boda boda, and no one could be blamed.

What this practically means

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Executive summary

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This is a legal opinion concluding an inquest held at the Kwale Law Courts before Resident Magistrate ZK Kagenyo into the death of Omar Shee Njia, a lorry driver who died on 2nd June 2020. The evidence was that the deceased, driving a Canter truck (KCM 179Y) for Eden Hardware and returning empty from Kwale to Likoni, was descending the hill at Matuga when a motorcycle dangerously overtook him and cut into his lane. To avert an accident, he swerved right; the rear right wheels landed on wet, slippery red soil adjacent to the tarmac - on a road under construction with excavated shoulders - and the lorry skidded off the road and hit a tree about 8 metres away, trapping the deceased in the cabin. The post mortem report showed fractures to both legs and the 3rd to 9th right ribs, with death resulting from hemorrhage, and the injuries were consistent with the eyewitness accounts. The investigating officer, Sgt Charles Wanjala, found no pre-accident defects in the lorry. The magistrate found the investigating officer's account credible and concluded that nobody - not the constructor, the lorry owner, nor the unknown motorcyclist - could be blamed for the death. Pursuant to section 387(5) of the Criminal Procedure Code, the court gave its opinion that the death arose from a self-involving road traffic accident. The opinion was delivered in open court at Kwale on 18th October 2022.

Key legal issues

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01

Cause of death and attribution of blame

Holding

The death was caused by a road traffic accident in which the deceased driver swerved to avoid a dangerously overtaking motorcycle, lost control, and hit a tree; nobody, including the constructor, the lorry owner or the unknown motorcyclist, could be blamed.

Reasoning

The court relied on the evidence of IW 3, an eyewitness in the cabin, and the investigating officer Sgt Charles Wanjala, whose account it found credible. The lorry had no pre-accident defects; the road was under construction with wet, slippery red soil on the shoulders. The post mortem showed injuries consistent with the driver being trapped in the cabin, inferring the injuries were sustained in the accident.

p. 1

Legal principles established

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  • Where evidence shows a death arose from a self-involving road traffic accident with no attributable fault, no person may be blamed for the death

Court orders

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  1. 1.An opinion/finding pursuant to section 387(5) of the Criminal Procedure Code that the death of Omar Shee Njia arose from a self-involving road traffic accident and that no one is to blame for the death

Authorities

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Legislation

  • Criminal Procedure Codesection 387(5)
Jurisdiction invoked
Section 387(5) of the Criminal Procedure Code (inquest into cause of death)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Inquiry Into the Death of Omar Shee Njia (Deceased) (Inquest E002 of 2021)  (18 October 2022) (Legal Opinion) [2022] KEMC 26 (KLR)", Case Analysis (2022). Inquest E002 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2022/26/eng@2022-10-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.