A 19-year-old student accused of assaulting a police officer and stealing his communication device along Kamiti Road has been granted bail of Sh700,000 by Milimani principal magistrate Ben Mark Ekhubi.
Ian Njoroge was released despite the prosecution’s argument that his safety was at risk.
The magistrate deemed the prosecution’s concern that other officers might seek revenge insufficient grounds for detention.
Ekhubi additionally declared the robbery with violence charge against Njoroge unconstitutional, citing that section 96 (2) of the Penal Code, under which the offense was based, was ruled unconstitutional by the High Court.
“The allegations that Ian Njoroge should not be released on bail and or bond because he is a flight risk is plausible since it is not supported by any evidence,” the magistrate said.
The magistrate granted him release on a Sh700,000 bond.
On Wednesday, the Director of Public Prosecutions urged the court to deny bail, citing the seriousness of the allegations.
Prosecution counsel James Gachoka, in an affidavit, pointed out that Article 49, 1, H permits limitations on the right to bail, indicating it’s not absolute.
Gachoka argued to Milimani principal magistrate Ben Mark Ekhubi that denying Njoroge bail was in his best security interest.
“An offence involving the violation of the rights of a police officer is an offence to the state, we argue that the offence before you is of utmost seriousness, while bail is a constitutional right, the law demands that where there are compelling reasons then bail must be denied,” Gachoka argued.
He further emphasized that the court must send a clear message to those contemplating attacking police officers that they will face consequences.
Gachoka highlighted Njoroge’s failure to present himself at the station as evidence of his potential to flee, indicating a flight risk.
“We ask the court to take notice of the notorious video circulating through social media fleeing from the scene of the crime, we are convinced that if the court releases him on bail, he will flee from the court and he will never come back,” he added.
Njoroge’s lawyer, Duncan Okatch, countered by urging the court to grant Njoroge bail, suggesting that it’s the prosecution, rather than the investigating officer, responsible for denying bail.
Okatch claimed that the prosecution tends to amplify its arguments over the victims’, asserting that the reasons provided for denying bail lack sufficient grounds.
“The accused person is charged with an offence that a three-judge bench of the High Court declared unconstitutional,” he said.
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