Kimaru: LSK on a 'witchhunt'
10 December 2013, 09:29
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
“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
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
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
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.
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