Ian Njoroge released on a ksh 700,000 bond
- Published By Jedida Barasa For The Statesman Digital
- 4 months ago
Ian Njoroge, the 19-year-old boy who was captured in a viral video assaulting a traffic police officer in Mirema, has been granted a bond of Ksh.700,000.
This after the Milimani law Courts had early on Friday given probation officers upto 2pm to file their report on the matter, failure to which it would rule on his bail application.
The probation had asked for seven extra days to file their submissions.
The court ruled that the robbery with violence charge against Njoroge is unconstitutional since section 96 (2) of the Penal Code where the said offence was anchored was declared unconstitutional by the High Court.
The court also stated that the application by the prosecution that Njoroge should not be released on bail and/or bond because he is a flight risk is implausible since it is not supported by any evidence.
The prosecution had on Wednesday asked the court to deny Njoroge bail/bond based on, among other things, an alleged imminent threat to his safety owing to the intense public outcry that ensued following the incident.
"That due to the publicity of the matter, the situation on the ground is hostile towards the accused person. There is imminent danger to the accused person due to public agitation," DCI Investigating Officer Josephat Rotich said in an affidavit.
The prosecution further highlighted the potential for Njoroge to tamper with witnesses if he were to be released.
"There is a likelihood of the accused person to interfere with major witnesses. Some of whom were captured through social media and are physically well known to the accused," the prosecution argued.
Additionally, Rotich underscored that Njoroge never turned himself in after assaulting the police officer, indicating that he poses a flight risk.
"After the incident the accused person didn't report to the station but he instead went into hiding until he was sought by officers and arrested from his hiding place. Therefore he is a flight risk," the DCI investigating officer said.
Rotich added that the police officer attacked by Njoroge also wants to testify before the suspect is granted bail.
"The complainant who is 57 years old feels victimized on social media and requests to testify before the accused is released. I am aware that bail and bond are constitutional right but the same can be denied if there are compelling reasons," he said.
"I have been informed by the counsel handling the information which I believe is true that the reasons given are compelling enough so as to deny the respondent person bond."
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