Family protests after DPP ends assault case against school driver

The family of a 10-year-old who was allegedly assaulted by a school driver has written to the Office of Director of Public Prosecutions protesting against the way the matter was handled.

This came after a case, which had been filed at the Kikuyu Law Courts, was terminated after the prosecution declined to admit the charge against Kelvin Kariuki Gathii, the suspect.

“The offence happened on January 7, 2021 and today the 23rd day of February, a whole 47 days after the offence, the prosecutor has recommended that the file be closed with no further police action. The victim is a child of 10 years who as of right, ought to be protected by the law by all means and such recommendation only amplifies the voice of injustice. We will pursue all legal avenues to ensure justice is served,” lawyer Wambugu Wanjohi, who is representing the family, said.

The school driver had been accused of assaulting the minor, who was a pupil at Westgate Shield Group of Schools.

According to the criminal case 214/2021, Mr Kariuki was facing charges of causing grievous bodily harm, contrary to section 234 of the penal code.

Section 234 of the Penal Code provides life imprisonment for the offence.

Mr Momanyi Nyaberi, the prosecutor, however directed that the case be closed with no further police action.

Did not corroborate

In his letter to the officer commanding Kikuyu police station, Mr Nyaberi said the witness statement did not corroborate that of the victim.

“This witness states that together with (redacted), they were pinched by the driver on the cheeks. He further states that the pinch was a slight one. However, the victim states he was slapped and pinched by the suspect together with his friend on the left cheeks but lost teeth on both cheeks,” the prosecutor wrote.

Further, the prosecutor added that the medical report stated that it was the physician that removed the teeth with instructions from the victim’s mother.

The prosecutor also noted there was inconsistency in the two P3 forms presented.

“Two P3 forms have been filed, all with contradictory information. The P3 form dated 11/2/2021 filled at Kinoo Medical Clinic indicates the minor was examined by the doctor at the facility four days after the incident occurred and two upper canine teeth lost as an assault by a person known to the victim. Note this contradicts the earlier examination by the medic at Premier Medical Clinic who extracted the alleged tooth/teeth in question. The degree of harm was assessed as grievous harm,” the letter said.

Injuries sustained

It went on: “A second P3 form was filled at Wangige Sub-County Hospital on 25/1/2021. The doctor indicated injuries sustained as extracted canines on the upper jaw. He also states that this examination was conducted two hours post assault, which is clearly not the case. The examination was conducted on 25/1/2021, which was 18 days from the date of the alleged incident. The said doctor also assessed the degree of injury as grievous harm.”

The mother of the 10-year-old first reported the matter to Kinoo Police Post (OB number 11/07/01/2021) and was given a P3 form.

She was also advised on the medical facility she should visit.

“I was sent to Premier Medical Centre in Westlands, where the P3 form was filled after the doctor examined my son,” she told the Nation.

A medical report from Premier Medical Centre seen by the Nation indicates the boy had two of his teeth extracted under anaesthesia, and that he was discharged with a dosage of antibiotics.

Since it was already late when they left the hospital, the mother says she only managed to return the P3 form to the police station the following morning.

But it was one week later that the driver who allegedly assaulted her son was arrested.  

In the now terminated criminal case 214/2021, Mr Kariuki faced charges of causing grievous bodily harm, contrary to section 234 of the penal code.

The case was to be mentioned on Tuesday, February 23, 2021, at the Kikuyu Law Courts.