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A motorist who grabbed headlines for allegedly assaulting a traffic police officer on Sunday along Kamiti Road in Mirema now accuses the law enforcers of molesting and mistreating him during arrest.
Ian Njoroge, 19, who appeared before Milimani principal magistrate Benmark Ekhubi to face criminal charges of causing grievous harm, robbery with violence, and resisting arrest informed the court that the officers who arrested him at his house handled him in an inhumane manner by molesting, hurling insults, and beating him up.
Through his defence lawyers Duncan Okatch and Vincent Lempaa, Njoroge also played a short video in court where he alleged showed traffic officer Corporal Jacob Ogendo mishandling him in his car and developed injuries.
"What the complainant did to him in that car, I can say he was manhandled by the complainant," Okatch told the court.
His lawyers went on to say that at the police station where Njoroge was detained, he was beaten up by police officers, and the clothes he wore had blood stains.
"The accused is a first-year student in one of the public universities and he has a future that he is pursuing, he has parents and was arrested in the house of the parents. At the station, he was beaten and the clothes he was on were blood-stained," Okatch told the court
Defence lawyers added that: "police officers took photos of him without shame and also confiscated his mobile phones and his student identification card."
The lawyers urged the court to order the accused to be escorted to the hospital since he needed urgent medical attention following the beatings he sustained from the police officers while at Kasarani police cells.
Further, the lawyers accused the police of wastage of taxpayers' money by escorting Njoroge to the court premises under a tight guard of over 20 officers. On its side, the Director of Public Prosecutions (DPP) did not oppose the request to have Njoroge be escorted to the hospital for treatment arguing that the video played in court by the defence team is clear proof of mistreatment since the officers hurled insults at him.
The prosecution however informed the court that they are seeking to oppose the release of the accused person on bond terms and urged the court to detain him in custody for three days to enable the investigation officer to file a formal affidavit.
"The investigating officer assigned the matter on Monday and had a short time to do the statements, get expert reports, and present the file to our office. He's not had time to put in an affidavit and we are objecting to his release on bail and we are asking for three days to allow police to put in the affidavit," the court was told.
In his ruling, Ekhubi ordered Njoroge be remanded at the Industrial Area prison until tomorrow (Wednesday) after the DPP request to detain him for three days to allow the investigating officer to file a formal application opposing his release on bail.
The magistrate also ordered Njoroge to be escorted to Kenyatta National Hospital for treatment and should be accompanied by a parent
"Following the submission made by both parties, l direct that Njoroge be taken to Kenyatta National Hospital for treatment and be remanded at the Industrial area prison. The case will be mentioned on Wednesday, June 5, when the prosecution will file a formal application seeking to deny him bail," Magistrate Ekhubi ruled.
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In the case, Njoroge denied that on June 2, 2024, jointly with others not before the court he violently robbed Corporal Jacob Ogendo of a police communication gadget and a mobile phone valued at Sh50,000.
The prosecution said immediately he had committed the robbery, and he wounded the officer.
He faced a second count that on the same dates and place, he unlawfully beat up the officer and did grievous harm to him.
The court also heard Njoroge resisted arrest by the said officer Ogendo who at the time of the resistance was acting in the due execution of his duty.
Minutes after being charged for the criminal offenses, Njoroge was dragged to another court where he faced three charges related to traffic offences.
Appearing before Milimani senior principal magistrate Martha Nanzushi the accused denied the offence of allegedly disobeying verbal directives given by a police officer in uniform.
The court heard that on June 02, 2024, at about 0800 hours along Kamiti road at Mirema junction within Nairobi county, Njoroge being the driver of Nissan vehicle failed to obey verbal directives advised to him by the traffic officer (Ogendo).
According to the charge sheet, Njoroge had been advised to drive the vehicle to Kasarani Police Station and on reaching Quickmatt he refused by pushing gear lever from drive to parking when he was ordered by the traffic officer in full police uniform.
In the second charge, Njoroge was accused that on the same day and place being the driver of the said motor vehicle Registration number KDJ 207P allowed the said vehicle to remain on the road which was likely to obstruct or cause inconvenience to other road users by making a U-turn.
"You did carry five passengers instead of four passengers in the vehicle which is a traffic offense of carrying one extra passenger which is excess," read the third count against Njoroge.
Nanzushi released him on a bond of Sh100 000 or pay a cash bail of Sh 60 000.