A 19-year-old student who was recorded beating up a police officer along Kamiti Road and allegedly robbed him of a communication gadget has been released on Ksh700, 000 bond.
Ian Njoroge, who has been on the social media for controversial reasons was acquitted by Milimani Principal Magistrate Ben Mark Ekhubi released on bail after dismissing the application by the prosecution that it was for his own safety.
The magistrate in his ruling revealed that the prosecution’s claim that he was in danger if released because other officers wanted revenge filed on Wednesday by the Director of Public Prosecutions was not sufficient to have the accused detained.
He ruled that the robbery with violence charges against Njoroge is unconstitutional since section 96 (2) of the Penal Code where the said offence was anchored was declared unconstitutional by the High Court.
“The allegation 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,” Ekhubi said.
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In an affidavit filed in court by Prosecution Counsel James Gachoka, said that Article 49, 1, H allows for the limitation of the right to bail meaning that the right to bail is not absolute. He told the court that denying Njoroge bail is for the best interest of the security of the accused person.
“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,” he said.
However, Njoroge’s lawyer Duncan Okatch asked the court to release the accused on bail saying the prosecution itself other than the investigating officer is perpetrating the denial of bail.
“The accused person is charged with an offence that a three-judge bench of the High Court declared unconstitutional,” the defence lawyer said.
By Vostine Ratemo
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