Driver faces 12 charges over Awasi crash that claimed University students' lives

The driver of the bus involved in the tragic Awasi accident that claimed the lives of two Technical University of Mombasa (TUM) students has been formally charged with 12 criminal counts.

In a statement on Thursday, October 22, the Office of the Director of Public Prosecutions (ODPP) said the accused appeared before Senior Principal Magistrate Evelyn Makungu Onzere at the Nyando Law Courts, where he entered a plea of not guilty to all charges leveled against him.

Following his arraignment, the court granted him a Sh500,000 bond, with no alternative cash bail provided.

"The court granted the accused a bond of KSh500,000, with no alternative cash bail. The case will be mentioned on 5th November 2026," the ODPP statement read in part.

The prosecution, led by a Principal Prosecution Counsel, outlined a comprehensive list of charges stemming from the catastrophic crash.

Among the 12 counts are two specific charges of causing death by dangerous driving, contrary to Section 46 of the Traffic Act, Cap. 403, Laws of Kenya.

These particular counts correspond directly to the fatalities of the two passengers who lost their lives on board the bus.

Additionally, the driver faces 10 counts of driving without due care and attention, contrary to Section 49(1) of the Traffic Act.

These supplementary charges arise from the severe injuries sustained by 10 other passengers during the accident.

"He faced 10 other counts of driving without due care and attention, contrary to Section 49(1) of the Traffic Act, arising from injuries sustained by 10 passengers in the accident."

According to court documents and prosecution details, the accused was allegedly operating the motor vehicle at an unsafe speed and in a reckless manner that severely endangered the public before ultimately losing control of the vehicle.

"Court heard that the accused drove the motor vehicle at a speed and in a manner that endangered the public before losing control of the bus, which veered off the road," the ODPP stated.

The fatal accident unfolded on Friday, August 7, 2026, along the Awasi–Ahero section of the Kisumu–Nairobi Highway.

The ill-fated vehicle was part of a larger convoy transporting TUM students from Mombasa to Awasi to attend the final funeral rites of former TUM student leader Elvis “Beast” Otieno.

Reports indicate that the bus had fallen behind after other vehicles in the convoy sped ahead.

Around 12:30 pm, as the convoy neared Ahero, the driver reportedly attempted a sudden maneuver to avoid a head-on collision with an oncoming saloon car.

A surviving student recounted the terrifying final moments to local media:

"It was a case of overtaking, then trying to return to your lane. By the time you realise the oncoming vehicle is too close, you try to move back quickly, and that sudden turn caused the bus to roll onto its left side."

The violent crash resulted in the immediate death of one male student at the scene, while a second student succumbed to his injuries after being rushed to Lisa Hospital in Nyando Sub-County.

Emergency responders, local law enforcement, and members of the public mobilized quickly to rescue trapped survivors from the wreckage.

Images and videos from the accident scene depicted a heavily mangled 50-seater bus, characterized by a completely shattered windscreen and a severely crushed front section.

Nyanza regional traffic enforcement officer Peter Maina confirmed that the vehicle lost control, veered completely off the asphalt, and overturned.

On its part, the Technical University of Mombasa officially confirmed that 29 people sustained injuries of varying degrees. Medical responses were split between two regional facilities:

17 injured students were admitted to the Jaramogi Oginga Odinga Teaching and Referral Hospital.

In addition, 15 injured individuals received treatment at Lisa Hospital in Ahero.