Forest road assault: Court frees riders, says no case to answer
Some of the 16 suspects accused of assaulting a female motorist last Friday on Wangari Maathai Road.
The 16 boda boda riders arrested over the molesting of a Zimbabwean diplomat have been released after the Director of Public Prosecution (ODPP) said no case has been disclosed against them.
The riders have been asked to collect their personal belongings, including lDs and motorbikes from Gigiri Police Station on April 1, 2022.
DPP also directed that the prime suspect in the gender violence case against a Zimbabwean diplomat be charged.
Zachariah Nyaore Obadiah will be charged over the molestation of the diplomat on March 4 at Westlands.
On Thursday last week, Milimani magistrates Robinson Ondieki and Gilbert Shikwe were told the investigation file had been forwarded to the Director of Public Prosecutions (ODPP).
Some of the suspects accused of assaulting a female motorist on Wangari Maathai Road.
Last week Ms Mwanzia asked the magistrates to give the ODPP five days to make its decision.
“(Insp Mwanzia) has forwarded the file to the ODPP for perusal and advice on … whether to charge the suspects or not,” prosecutor Christine Oloo told Mr Shikwe.
Ms Oloo urged the magistrate to remand the suspects for five more days as prosecutors awaited directions from the ODPP.
The riders opposed the request, saying: “We oppose the plea given we have been incarcerated since March 9, 2022.”
“We came to court hoping this matter will be finalised and rested today. We need to be free to rejoin our families,” rider James Mutinda Muema told the magistrate.
Some of the boda boda riders who were charged at the Milimani Law Courts in Nairobi on March 8, 2022 for contravening traffic rules.
Those arrested and detained over the diplomat’s attack include Zachariah Nyaore Obadiah, James Mutinda Muema, Samuel Wafula Muswahili, Charles Omondi Were, Japheth Bosire Obano, Hassan Farah Forah, and Wanjuki Lincoln Kinyanjui.
Firm decision
The others are Joseph Ngugi Mbugu, Lenson Fundi Njururi, Harrison Maina Irungu, Benjamin Ngure Githimii, Ignatius Shitekha Mufwolobo, Martin Kamau Maina, Shadrack Ambia Luyeku, Shadrack Kioko Nyamai, Cliff Gikobi Oyaro and Joseph Kibui Mukambi.
In his ruling, Mr Shikwe granted the ODPP two days, until March 28, to make a firm decision whether to charge suspects.
But Magistrate Ondieki warned that he would free Mr Nyaore on bond if prosecutors do not charge him.
Mr Nyaore was arrested as he attempted to flee to Tanzania after he got wind that police were looking for him.
His photo was published as the mastermind of the attack on the diplomat.
Eight suspects among the 17 told the magistrates they are not boda boda riders.
They were arrested while waiting to board public service vehicles to their homes.
All the suspects are remanded at the Gigiri Police Station.
Inspector Mwanzia said they are being investigated for violent robbery and gender-based violence.
Senior counsel Philip Murgor is representing the UN diplomat.
Mr Nyaore has been detained for 10 days while the other 16 have been in custody for 15 days.
“I was arrested by police while passing through the scene of crime while proceeding to drop a client,” Mr Nyaore told Magistrate Ondieki.
“My photo was then circulated in both electronic, print and social media depicting me as the key suspect. I was worried and fearing for my life then I decided to go into hiding.”
Mr Murgor, a former Director of Public Prosecutions, said that “balanced but thorough investigations have to be conducted in the matter”.
He did not oppose the police request to allow ODPP more time to peruse the file and decide whether to charge the suspects.
