A first-year University student has been charged at a Nairobi Court with violently robbing a police officer of his phone, robbing a battery of communication gadget, causing grievous harm, and resisting arrest.
Ian Ngige Njoroge denied three counts of robbing coprol Jacob Ogendo a mobile phone make Samsung Galaxy worth Sh 50,000, a battery of a police communication gadget, and resisting arrest.
The student at Technical University denied all the charges leveled against him before the Milimani senior principal magistrate Benmark Ekhumbi that he robbed Ogendo on June 2 2024 at Kamiti Road in Kasarani within Nairobi county.
The magistrate heard that the accused committed the offense while in the company of others who are yet to be arrested and charged.
Ngige is charged under section 296 (2) of the penal code which carries a mandatory death sentence upon conviction.
The student also faces a charge of causing grievous harm to the police officer.
State prosecutor Virginia Kariuki also filed a charge of resisting arrest against the 19-year-old student.
Besides the charges under the penal code, Ngige also faces other charges under the Traffic Act.
He is charged with obstructing other motorists while driving a vehicle registration number KDJ 207 P.
The traffic charge states that he did not allow the said Mortor vehicle to give access to other road users by making a U-turn along Kamiti Road at Mirema junction at around 8:00 pm on June 2, 2024.
He is also charged with carrying excess passengers in the said Mortor vehicle.
Ngige is said to have carried five passengers instead of four thereby exceeding the vehicle’s capacity by one passenger.
He is further accused of disobeying verbal police directives to drive the said mortor vehicle to Kasarani Police Station.
The charge further claims that at the Quick Mart Supermarket, he allegedly pushed the police officer in uniform out of the vehicle.
The prosecutor opposed the release of the accused on bond saying police need time to present an affidavit explaining reasons for the bail denial,
“The accused herein was arrested on Monday and the Investigating officer needs time to record statements from intended witnesses,” said the prosecutor.
Defense lawyers Dancun Okatch, Suyianka Lempa, and Ken Echesa opposed the application by the prosecution to detain the accused for three days saying his rights had been infringed by the police who allegedly tortured him when they arrested him at his mother’s house,
“We are taken aback by the request to detain the accused for three more days to enable police come up with reasons for bail denial,” said Okatch.
He urged the court to reject the state’s request and admit the accused to bond to enable him to seek medication.
Echesa said the accused was heavily assaulted by police officers who arrested him and recorded his blood-soaked clothes then circulated them on social media the same.
The magistrate further heard police recorded altercation between them and the accused whereby a recording presented before the court quoted police hurling insults terming the accused as Ngombe (cow) and dog,
“Article 29 (c) (d) and (e) of the constitution require every arrested suspect to be treated with dignity and prohibits torture whether physical or psychological,” Okatch submitted.
The magistrate was urged not to allow police three more days to subject the accused to further physical and mental torture,
“At the police station the accused went through ordeal where he was tortured and now police ashamedly plead for three more days to subject him to further persecution,” said Echesa.
Ekhumbi was told by the defense that Ngige was manhandled and collapsed twice at his parent’s house when police descended on him.
Lempa opposed the three-day detention request saying police preferred the violent charges against Ngige under section 296 (2) to make him look like a dangerous person.
He said that in 2016, a three-judge bench declared as unconstitutional sections 295, 296, and 297 of the criminal procedure code.
The court heard that Ngige is charged under a section of the law that has been outlawed.
He said there is no proper charge before the court the accused should be freed on bond.
In his ruling, the magistrate ordered Ngige to be detained in prison custody to enable him access to medication and protection since police have been said to have developed bad blood between the accused and them.
He said 21 police officers escorted the accused to court an act which scared the accused and fear for his safety,
“Let the rights of the accused be protected, let him be escorted to hospital at Kenyatta National Hospital to get urgent health attention,” ordered the magistrate.
He also directed prison authorities to act expeditiously and ensure compliance with his orders.
The accused will be produced before the court today to determine whether he will be released on bond or not.