FRM2011 wrote:Does the family have an avenue for lodging an appeal considering this was a criminal case i.e. State v/s Dilesh bid? Can the same prosecutor who deliberately bungled up the case lodge an appeal?
I know its not a christian thing to do, but i hope the people who subverted justice in this matter live to experience the pain of loosing a close family member in the hands of a reckless driver. That would be karma at its best.
Answer is YES and NO
This is going to be long...
They charge you for careless/dangerous driving when you knock down someone and the person is taken to hospital by you or someone else.
If the person dies in hospital or on the way to hospital, he above changes to causing death through dangerous driving. This is the state case, also known as criminal i think, its the work of the police to prove the driver guilty or not guilty and this largely depends on witnesses, and more often than not, there are never witnesses especially in Nairobi where everyone minds there own business. In cases where there are witnesses, this can drag on for years in court without anyone being charged and at times pple give up in the process, plus the family gains nothing really here in terms of compensation. But someone can be jailed eventually if found/proved guilty. However the outcome of this court case can determine the outcome of what am about to say below.
Family of the deceased gets an abstract, goes to court, get themselves a lawyer, they are suing the driver/car, the insurance covering the car comes into play. This is the civil part of the case and at times if driver knows the family of the deceased, this can be settled out of court and insurance is not involved.
If the insurance way, this drags in court and again the witnesses have to be present otherwise the police cannot present someone in court without witnesses.
Your case sounds like the survivors/witnesses walionwa kanda by the tycoon, otherwise i do not think anyone can be barred from testifying unless they do not want to or the out of court settlement bars them from doing so.
so advice the family to get a serious lawyer and only if they are sure the witnesses have not been tampered with as stated above.
Pole sana..