The driver of a bus involved in a fatal accident that killed two Technical University of Mombasa (TUM) students in Awasi, Kisumu County, has been charged with 12 counts, including two counts of causing death by dangerous driving, according to the Office of the Director of Public Prosecutions (ODPP).
In a statement, the ODPP said the driver pleaded not guilty to all the charges when he appeared before Nyando Law Courts. The court granted him a KSh 500,000 bond, with no alternative cash bail.
“The court granted the accused a bond of Ksh. 500,000, with no alternative cash bail. The case will be mentioned on 5th November 2026,” the ODPP statement read in part.
ODPP Details Charges Against TUM Bus Driver
Among the charges are two counts of causing death by dangerous driving, contrary to Section 46 of the Traffic Act, Cap. 403, Laws of Kenya. The counts relate to the deaths of two passengers who were aboard the bus during the accident.
Additionally, the driver faces 10 counts of driving without due care and attention under Section 49(1) of the Traffic Act. These charges arise from injuries sustained by 10 passengers in the crash.
“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 the prosecution, the accused was driving at a speed and in a manner that endangered the public before losing control of the bus.
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The vehicle subsequently veered off the road, resulting in the fatal accident. The prosecution, led by a Principal Prosecution Counsel, presented the charges before Senior Principal Magistrate Evelyn Makungu Onzere at Nyando Law Courts.
“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,” ODPP stated.
How the Fatal Awasi Crash Happened
The fatal TUM students’ Awasi crash happened on Friday, August 7, 2026, when a bus carrying Technical University of Mombasa students to a funeral overturned on the Awasi–Ahero section of the Kisumu–Nairobi Highway. Two male students died, while 29 others were injured.
The students were travelling from Mombasa to Awasi to attend the burial of former TUM student leader Elvis “Beast” Otieno. The bus was part of a convoy carrying mourners but reportedly fell behind after other vehicles sped ahead.
At around 12:30 pm, as the bus approached Ahero, the driver reportedly attempted to avoid a head-on collision with an oncoming saloon car. The bus swerved, lost control, veered off the road and overturned onto its left side.
A student who survived the crash told local media that the convoy had separated and the driver was attempting to catch up with the other buses. He said the driver tried to overtake, then tried to return to the lane when an oncoming vehicle appeared too close.
“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 student said.
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Another TUM student, identified as Ochieng, briefly described how the crash occurred.
“The vehicle dogged a small car and lost control and fell,” Ochieng said.
Two male students died in the accident, one at the scene and another after being rushed to Lisa Hospital in Nyando Sub-County.
TUM later confirmed that 29 people had been injured. Seventeen were admitted to Jaramogi Oginga Odinga Teaching and Referral Hospital, while 15 were treated at Lisa Hospital in Ahero.
Police, emergency responders and members of the public helped evacuate survivors from the wreckage. Images from the scene showed the 50-seater bus extensively damaged, with a shattered windscreen and a crushed front section.
Nyanza regional traffic enforcement officer Peter Maina said the bus lost control, veered off the road and overturned.
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