Two pharmacists have been charged in a Nairobi court with assaulting police officers causing grievous harm and operating a pharmacy on premises not registered by the Pharmacy and Poisons Board.
Jonah Kipsiror Marori and Ephraim Mwaura Karumbi appeared before the Milimani principal magistrate Benmark Ekhubi and denied the charges levelled against them.
Kipsiror was separately faced with three counts of causing grievous harm and assault contrary to the law.
The prosecution told the court that on November 25, 2024, at Ngara Road Medical Center in Ngara, Equity roundabout within Nairobi county Kipsiror caused grievous harm to police constable Tom Mbuku and Joyce Otieno.
He was also charged with assaulting police constable Moses Lelei thereby occasioning him actual bodily harm.
The duo were jointly charged with carrying on a business of a pharmacy on premises not registered by the Pharmacy and Poisons Board contrary to section 23 (1) as read with section 23 (6) of the Pharmacy and Poisons Board Act.
They were further charged with having part 1 poison in unregistered premises and carrying out a business of pharmacy while not registered as pharmacists which is contrary to the law.
The prosecution did not oppose their release on bond but urged the court to consider the matter as of interest noting that it has put questions to the National Police Service of their safety while undertaking their duties,
“Your honour this court needs to note that the complainant in this case represents the entire public on their safety and were on their duty,” submitted state prosecutor Virginia Kariuki.
She told the court that they are not opposing their release on bond but urged for stringent terms praying the court to deny them an option of a cash bail and prayed for a surety bond.
The defence lawyer pleaded with the court to release the accused persons on bond citing that they are Kenyans with fixed places of abode and their right to liberty is guaranteed by the constitution,
“Your honour I pray this court to release the accused persons on lenient bond terms considering it is their rights and they are ready to obey the terms to be set by the court,” he prayed.
The lawyer submitted that the offences are bailable and no compelling reasons were given to deny them an option of a cash bail.
In his ruling, the magistrate noted that the prosecution did not oppose the accused persons to being released on bond but what opposed was the option of a cash bail,
“Considering the principles of bail is to ensure the accused persons appearance in court for trials and is not opposed by the prosecution, I hereby release the first accused person on bond of Sh 600,000 with one surety of the same amount without an option of a cash bail,” he ruled.
At the same time, Mwaura Karumbi was released on a bond of Sh 300,000 with a surety of a similar amount or alternative cash bail of Sh 200,000 with one contact person.
The matter will be mentioned on January 16, 2025, for pre-trial.