Student accused of assaulting policeman to spend more days in custody
University student Ian Njoroge when he appeared before the Milimani Law Courts on June 4, 2024.
What you need to know:
- Defence lawyers sought for the release of the student on bond saying he is not a flight risk.
- The accused to remain in custody until Friday when the bail application will be determined.
The Director of Public Prosecutions (DPP), Renson Igonga, has opposed the release of the university student accused of violently robbing a police officer on bond on the grounds that his life is in danger.
Ian Ngige Njoroge, 19, is facing charges of causing grievous harm to a police officer and resisting arrest.
Praying for the bail denial state prosecutors Victor Owiti, James Gachoka, Virginia Kariuki and the victim's lawyer Danstan Omari stated:
"There is hostility between members of the public and the accused. He is only safe in custody."
Citing videos circulating in the social media Mr Gachoka told Milimani Law Court Senior Principal Magistrate Ben Mark Ekhubi that members of the public at the scene “are seen chasing the accused to arrest him. His safety is not guaranteed."
Mr Owiti said the case is of great public interest and the accused should remain behind bars until the case is heard and determined.
"The mere fact that one has the temerity to attack a law enforcement officer, is a compelling reason enough to warrant the accused to be denied bond,” submitted Owiti.
He added that the accused faces very serious offences of robbery with violence, causing grievous harm and resisting arrest.
Robbery with violence is punishable by death upon conviction while the charged of causing grievous harm attracts a life sentence.
The court also heard that the harshness of the penalties likely to be meted upon conviction are enough incentives to entice the accused to flee the courts’ jurisdiction.
Gachoka said the complainant, Corporal Jacob Ogendo, feels victimised by the comments that the case has attracted on social media.
"The complainant is praying to be allowed to testify before the accused can be released on bond as he is likely to interfere with witnesses. There is a lot of interference with the case in the social media," Gachoka said.
Justice Ekhubi was urged to take judicial notice that even former Nairobi Governor Mike Sonko has also posted in the social media a suggestion that the case be settled out of court.
Mr Gachoka further stated that due to the adverse publicity the matter has received, it is only safe to have Mr Njoroge in custody, pending determination of the case.
Mr Omari, representing the complainant, said the officer is 57 years old and has been embarrassed and ridiculed for having been beaten up by a 19-year-old student.
He said the society now views him as a failure although he has diligently worked for the police service for more than three decades.
Mr Omari submitted that police officers are employed by the public and the symbol in their work is the crown.
"Any attack on Kenya Defence Force (KDF) officers or police officers is an attack on the sovereign people of Kenya on whose behalf they use the crown,” Mr Omari said.
He asked the court to deny the accused bond, saying the complainant is still recuperating from the injuries he suffered.
On the other hand, defence lawyers Dancan Okatchi, Suyianka Lempaa and Ken Echesa sought for the release of the student on bond saying he is not a flight risk and will turn up for trial.
They said bail is a constitutional rights and no solid reason has been presented in court to deny their client bail.
The defence also said that on Tuesday the accused was attacked and tortured by prison warders.
The accused will remain in custody until Friday when the court will determine the bail application.
