Man in window damage case says officer assaulted his pregnant wife

A man charged with damaging 17 window panes at a police station in an altercation with an officer who allegedly insulted his expectant wife now wants the case referred to the High Court, where he says he wants to seek justice for his spouse.

He also asked Milimani Senior Principal Magistrate Wandia Nyamu to refer the case for constitutional interpretation so as to determine whether he was legally charged.

“I urge your honour to refer this case to the High Court for a constitutional interpretation whether I am being prosecuted legally for defending my wife against molestation by a police officer,” Justine Onami Osinde told Ms Nyamu.

Mr Osinde told the court how and why he ended up at the Ngara Police Station.

House locked by landlord

He disclosed that the house he shared with his wife had been locked by his landlord over rent arrears. He and his expectant wife then went to a guest house in Ngara to rent a room for the night as he looked for money to pay rent.

“I want to know if it's correct for a police officer whom I know to call my expectant wife a prostitute," he told the court.

He said that as they went to find a room for the night, the officer attacked his wife outside the bar after she declined to dance with him.

"The officer walked out of the bar and called my wife a prostitute while undressing her. That's when I intervened to protect her," he told the magistrate.

He added that the other police officers on duty ganged up against him and overpowered him.

Children’s welfare

He said he is a father of five children who are in school and his detention would jeopardise their welfare.

He was charged that on July 4, he damaged 17 window panes at the Ngara Police Station.

The court freed him on Sh20,000 cash bail so that he could file the constitutional petition at the High Court.

The case will be mentioned within two weeks.

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