Collision

The fall of the VW kombi [1] was not the only car mishap I was involved in during my Kenya driving life. There was another more serious one that was not amusing.

It happened one morning that I was driving my brand new Peugeot 504 going to work. I needed to turn right from Fifth Ngong avenue into Jomo Kenyatta avenue, a normally risky move as it meant crossing the traffic to get to the left traffic lane heading towards the city centre.

As usual I waited for a gap and went for it. The moment I entered the large avenue I saw (too late) a small motorbike coming rather fast towards me. I had no time to change anything and in horror I watched the bike and its occupant hit me on my side of the car! Very luckily for him (in retrospect), the rider flew over the bonnet landing heavily on the tarmac on the other side.

Shocked, I helped the rider to get into a passing car to be taken to the hospital while we agreed that I would look after the vehicles and wait for the Police and his brother to collect the bike. While waiting, my landlord drove past and gave me encouragement while recommending me his lawyer as, according to him, he had gone through issues like this a few times! When I told him that I was charged with dangerous driving, in my view a terrible thing, he dismissed it explaining to me that that was the usual charge when there was an injury.

After dealing with the vehicles and the Police I visited the bike rider in hospital and found him, despite having an injured arm, in good spirits and being discharged. He was not only shaken by the experience but also for not having a Driver’s License!

Although the civil details were dealt with between the insurance companies, according to Kenya Law, a court case was set where I needed to appear to hear my case. I had some earlier experience appearing in court as a witness when my cattle feed was stolen [2].

As the date of my meeting with the Kenyan Justice drew nearer I went to see the lawyer my landlord recommended me. His studio was in a rather affluent area of the city. After hearing me for a couple of minutes he dismissed me arguing that he was too busy at the time (probably my case was too small for him!) and he recommended me Dr. Shah [3], an experienced lawyer. I noted that the latter’s office was sited on a less elegant part of Nairobi.

I drove to Dr. Shah’s office and met him that same morning. I explained what had happened and also that the accident had been my fault. He accepted to represent me but he recommended me not to accept the charges and plead “not guilty”. Although I resisted, at the end he convinced me arguing that “no lawyer would represent a guilty person”. I finally gave in and agreed to employ Mr. Shah to represent me. The USD 50 fee seemed reasonable at the time.

As it is normal, the day of my case the Court was brimming with people. Things were to happen in Court No. 2. It was another case of “controlled chaos” a common situation in many places where, despite apparent confusion, things do happen. The room was filled to capacity by about fifty people of all ages and sexes. Facing the public sat the judge, a small lady dressed in a black robe with the rather odd white wig.

My lawyer and I sat next to the bike driver and his own lawyer, both of Indian descent. The lawyers knew each other, of course. While a case was on-going a clerk came to inform us that our case would be the next so we waited in silence for a few more minutes. While waiting I was worried and nervous and I realized that I knew I was guilty despite the lawyer’s argument and also that it was too late to change things!

Eventually our turn came, the charges were read and I was asked to plead. As instructed by my lawyer I said “not guilty”. As soon as I said this I regretted and somehow I felt that the Judge did not like it. She then informed us that the case was adjourned to about two months in the future. That was too much for me as I wished to finish the business.

I asked the Judge to wait a minute and she agreed. I then called my lawyer aside. I told him that his job was terminated. I then returned to my post and asked to talk directly to the judge. She agreed and then I changed my earlier plead to “guilty”. I was not sure that this was possible but she accepted it and passed sentence.

She said that as it was my first offense and that, considering the circumstances of the accident, she would reduce the charge to “careless driving”. She indicated that I needed to pay a fine of about USD 20!

I was very relieved and congratulated myself for changing my mind. I left the room and met my lawyer. Although he was still unhappy, he agreed that the outcome had been good. I paid him what at the end accounted to more than double the fine and went home with a clear conscience!

 

[1] https://bushsnobinafrica.wordpress.com/2017/07/29/the-kombi-falls/

[2] https://bushsnobinafrica.wordpress.com/2016/06/13/cattle-feed-on-wheels/

[3] Not his real name.

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