City lawyer Harun Ndubi was charged yesterday with offenses including hitting and injuring a traffic police motorcycle rider on Sunday night. Mr Ndubi pleaded not guilty to the charges before Senior Principal Magistrate Elector Riany. Constable Simon Munga was the police rider in question. He also denied refusing to take a breathalyzer test that would have determined if he was drunk. Mr Ndubi was arrested on Sunday and taken to Milimani court.
He was accused of driving his Toyota Harrier, registration KCA 820B, without due care and attention for other road users. The senior human rights lawyer also faced a charge of failing to give way thereby hitting the motorcycle, a Yamaha XI900 registration GKB891Q, and damaging it.
Dr John Khaminwa, Mr. Ndubi’s lawyer, had filed an application against his prosecution but the State prosecutor opposed it and the magistrate ruled in his favor. Dr Khaminwa also applied to defer the plea-taking, pending the determination of a High Court case by his client, that challenged the constitutionality of traffic rules.
In opposition, the State prosecutor said, “The court cannot stay this prosecution to await the outcome of a decision of the High Court whose judgement date has not been stated.” Ms Riany therefore asked the accused to plead to the charges and told him that he could turn to the High Court to challenge his trial. Mr Ndubi was asked to deposit a cash bail of Sh80,000 in order to be released.