A police officer who was assaulted by a a 19 year old university student wants the suspect to be detained until he testifies in the case in court.
Corporal Jacob Ogendo asked the court to detain Ian Njoroge who has been charged with robbery with violence and causing bodily harm.
When the matter came up for bail hearing on Wednesday, Ogendo through his lawyer Danstan Omari told the court that the effect of the injuries he sustained needs to be ascertained medically to bring into perspective the seriousness of the offences.
“On behalf of the complainant we completely object for the accused to be released on bail and his prayer is that he be allowed to testify if the court will be inclined to grant bail or bond after he has testified or given his version before this court,” Omari told the court.
The officer also wants the court to order for a pre-bail report to bring to the attention of the court the actual circumstances within the community and the family before it renders itself on the sustainability of the accused being granted or denied bail.
He told principal magistrate Ben Mark Ikhubi that fellow police officers are ready to picket and demonstrate, however article 37 of the Constitution prohibits them from doing so.
“The victims who are police officers if they were not excluded from article 37 to go picketing and demonstrating by now all police officers would be on strike but we stopped them,” Omari told the court.
On their objection of the accused being denied bail, the prosecution told the court that the application to deny Njoroge bail is in the interest of the administration of criminal justice.
The prosecution said that allegations that Ogendo asked for a bribe should not be a reason for him to be assaulted or robbed.
“This court has a duty to send a warning to other would-be perpetrators of assault against law enforcement officers,Even if he asks for Sh10,000 as bribe,” the prosecution said.
They want the court to deny Njoroge bail to ” safeguard him from any person who may want to avenge.”
“‘A 57 year old who has given service for over four decades was assaulted while in uniform dragged down, this pained the members of the public that they chased after the accused person.”
Prosecution counsel James Gachoka told magistrate that the law allows for the limitation of the right to bail meaning that the right to bail is not absolute.
He added that the court has a duty to send a warning to the people who might be planning to attack a police officer.
“It is our argument that the offence before you is of the outmost seriousness, while bail is a constitutional right, the law demands that where there are compelling reasons then bail must be denied,” Gachoka said.
Gachoka added that the fact that Njoroge did not present himself to the station shows that he is a flight risk.
The prosecution is also of the opinion that an offence against a law enforcement officer is an office against the state.
Gachoka says that efforts are being made to interfere with witnesses even before Njoroge is released on bail.
“We are asking the court to invoke section 60 of Evidence Act and take judicial notice of a social media posting doing rounds indicating that the complaint has been approached to drop these charges.”
The prosecution further adviced the accused to visit Independent Policing Oversight Authority (IPOA) to make a formal complaint against the police officer who allegedly assaulted him.
Njoroge’s lawyer Duncan Okatch however urged the court to release him on bail saying that there are no compelling reasons given to warrant denial of bail.
“The prosecution have made it a habit to actually tell more than the mother in the labour room, they yell the loudest yet they are outside there taking Coca-Cola,” Okatch told the court.
The defence rubbished the allegations that Njoroge went into hiding adding he went to his mother’s house.
“No compelling reasons to deny an accused person regardless of the person who was attacked. We persuade you to release him on bail.”
Principal magistrate Ikhubi has requested for a pre-bail report pending the ruling Njoroge will be remanded at Industrial Area prison until June 7.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
