NAIROBI, Kenya, Aug 11-The Director of Public Prosecutions (DPP) has ordered the withdrawal of dangerous driving charges against Stephen Kinuthia Maara over the Peponi School crash that killed two Ugandan students, directing the Directorate of Criminal Investigations (DCI) to conduct a fresh and more thorough probe.
The decision follows complaints by Senior Counsel Philip Murgor, representing Belgian national Vincent Boulanger, who raised serious concerns over the conduct of investigations and the decision to prosecute Maara while questions remained over who was actually driving the vehicle at the time of the April 25, 2026 crash.
In a letter to the DCI, the DPP directed that Kibera Traffic Case E1541/2026 — Republic versus Stephen Maara — be withdrawn “forthwith to facilitate thorough investigations.”
The DPP further ordered that a new investigation team be constituted to take over the case from the Officer Commanding Karen Police Station.
“Investigation team to be constituted to take over from OCS Karen Police Station,” the directive states.
The inquiry file is to be returned to the DPP for review and further directions once the fresh investigations are completed.
The case centres on the April 25 crash that killed Ugandan students Daniele Kembabazi and Yzeera Sebunya and left another passenger, Samuel Boulanger, seriously injured.
Maara had been charged with two counts of causing death by dangerous driving.
However, Murgor and Murgor Advocates argued that the prosecution was premature because investigators had not conclusively established who was behind the wheel of vehicle when the crash occurred.
The lawyers described as contradictory an earlier decision by the ODPP to order further investigations to establish the driver while simultaneously directing that Maara be charged.
They said the contradiction warranted further investigation.
The lawyers later complained that the case had proceeded without their knowledge despite their role in the related proceedings and earlier correspondence raising concerns about the investigation.
Court records cited in the lawyers’ complaint show that Maara was arraigned on July 14 on two counts of causing death by dangerous driving.
He initially pleaded guilty to both counts before changing his plea to not guilty on July 21.
The court subsequently ordered the prosecution to provide witness statements to the defence and set the matter for pre-trial proceedings.
The lawyers argued that crucial evidence had not been incorporated into the investigation, including digital forensic reports, medical evidence, postmortem reports and CCTV footage from the accident scene and hospitals.
They also called for statements from Peponi School officials and other individuals who could shed light on who was driving the vehicle.
Lawyers allege attempted cover-up
Murgor and Murgor Advocates alleged that the investigation and prosecution amounted to a “massive coverup”, claiming that the actual driver could be shielded from criminal and civil liability.
The lawyers also questioned whether investigators had moved quickly enough to secure crucial phone and CCTV evidence.
They identified call-data and triangulation records for several individuals that they said needed to be obtained, alongside CCTV footage covering the crash scene, Karen Hospital, MP Shah Hospital and Muthaiga Country Club.
The lawyers said the passage of time risked compromising evidence, noting that more than 100 days had elapsed since the crash.
The fresh DCI investigation now gives investigators an opportunity to revisit the disputed question of who was driving the vehicle, examine the outstanding forensic and digital evidence and determine whether additional people should face investigation.
The DPP has not, in the directive, made a finding that there was a cover-up. Rather, the decision to withdraw the charge and constitute a new investigation team follows concerns raised over the conduct and completeness of the initial probe.
