Driver of killer ‘manyoka’ matatu denied bail again

The driver of a city matatu accused of killing three people through reckless driving by performing stunts on the road has been denied bond for the second time.

Sammy Murigi Maina will remain in remand as the case continues after Milimani senior principal Magistrate Paul Mutai declined to free him on bond, saying crucial eyewitnesses should first testify in court before his bail application can be considered.

Maina is accused of causing the three deaths along Enterprise Road in Nairobi on June 3, 2026. He was arrested almost two months after the accident and presented to court and denied bond.

At the same time the magistrate ordered investigations into claims that the investigating officer is actively sabotaging the trial. The Wednesday hearing session was dominated by accusations of police misconduct and witness suppression.

Maina faces three counts of causing deaths through dangerous driving following a high-speed roll-over in Nairobi's Industrial Area. He was the driver of a 33-passenger minibus when he allegedly lost control while executing high-speed swerving manoeuvres—popularly known as "manyoka" stunts—near a roundabout.

The minibus struck the kerb and flipped over violently, causing the immediate deaths of Edwin Kago, Charles Brandy Wahome and Tamia Kalekye Nyambura. Several other commuters sustained injuries.

Subsequent police inspections revealed extensive illegal alterations to the un-roadworthy vehicle, including blocked emergency exits, altered seating and dark window tinting that severely hindered visibility.

During the trial on Wednesday the victims counsel accused the investigating officer of deliberately undermining the trial by refusing to summon crucial witnesses.

The court heard that legal representatives had visited the Industrial Area Police Station to inquire about witness notifications, only to discover the officer had failed to bond them.

Counsel argued that the prosecution's failure to call direct witnesses compromised the court's earlier directives.

"We find it quite interesting that only one witness has been called," the advocate lamented in court. "Your ruling was very, very clear. The timeline set by this court for the hearing of this matter was taken into consideration while denying the accused person bail."

The victims' legal team formally requested that the magistrate to summon the investigating officer adding, "We believe that the sabotage is coming from the Investigating Officer himself."

Maina’s lawyer strongly opposed the victims' submissions, claiming the application was premature while he further pressed the court to release Maina on bond due to his deteriorating health.

The defense argued that pretrial freedom remains a constitutional right and questioned why the prosecution had repeatedly failed to bond its own witnesses despite knowing that bail consideration hinged entirely on their appearance.

Maina's lawyer stressed that the defense had previously submitted written requests to clarify which witnesses would be called, and urged the court to consider a pre-bail report to evaluate the driver's suitability for release.

Mr Mutai acknowledged that all legal parties were in agreement regarding the unreasonable delays plaguing the trial.

He noted with concern that the only individual called by the prosecution this far was not an actual eyewitness to the roll-over crash, rendering any review of custody conditions impossible under the court's initial mandate.

"Since the eyewitnesses have not testified, I am not persuaded to review the conditions now," Mr Mutai ruled, maintaining the court's stance on preserving witness integrity before releasing the suspect back into the public domain.

To address the standoff, the magistrate directed the prosecution to present primary eyewitnesses on a priority basis when the court reconvenes.

Mr Mutai formally ordered a probe into the conduct of the investigating officer regarding the allegations of sabotaging the case. 

Maina will be remanded in custody until November 9, when the court is expected to receive testimony from the eyewitness who gave accounts and assess the progress of the police probe.

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