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Kimaru: LSK on a 'witchhunt'

10 December 2013, 09:29 Millicent Kawii

Nairobi - Traffic Police commandant Samuel Kimaru says he is not to blame for the increased road accidents on the country's roads.

While stating his grounds of opposition to a suit filed last week by the Law Society of Kenya over his suitability to the job, Mr Kimaru said he does not possess the ability to be omnipresent as he cannot control each and every vehicle driven on Kenyan roads.

“I cannot micromanage how every single car in the country is driven or how each police officer performs their duties. I cannot be held personally liable for an act or omission carried out while disclosing my duties,” said Mr Kimaru.

He however noted that even though traffic accidents have been notorious due to various reasons, such could not solely attribute to his incompetence.

He termed the suit as ‘frivolous, odious, and one riddled with unsupported, unverified and unjustifiable allegations’.

“It is a matter of public notoriety that road accidents are caused by myriad of issues that include driving beyond authorized speed limits, poor weather and many others, the petition as drafted is riddled with conjecture and unfolded claims… LSK is merely on a fishing expedition,” he said.

The embattled Traffic Police Commandant also reiterated to LSK that if indeed there was evidence indicating him receiving bribes, the anti-grafts body would have already had him investigated and prosecuted.

In the suit, LSK is demanding that Mr Kimaru be declared unfit to hold office and want him sacked from the police force because lives are being lost on Kenyan roads.

The National Police Service Commission has also been listed in the case in which Mr Kimaru is being accused of abusing power and neglecting his statutory duties.

LSK are seeking an order directing the NPSC to sack Samuel Kimaru as an employee of the service as he is professionally and vicariously liable for the neglect, unlawful omissions, and commissions of the officers working under his command.

LSK allege that as a result of the commandant’s failure to remove defective vehicles from the roads, a substantial number of vehicles with visible defects or violations of the Traffic Act pass through traffic checkpoints.

According to LSK, neglect of duty by the Traffic Commandant and the NPSC leads to loss of over 3,000 lives on Kenyan roads annually.

LSK says that over 1,725 people lost their lives on the road between January and July 16, 2013 alone.

High Court judge Isaac Lenaola directed that the case be mentioned December 20, 2013.

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.

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