PHOTO: University student Ian Njoroge when he appeared before the Milimani Law Courts on June 4, 2024

Bond Granted Despite Prosecution’s Objections

Ian Njoroge , a 19-year-old who was filmed assaulting a traffic police officer in Mirema, has been granted a bond of Ksh.700,000. The Milimani Law Courts decided on his bail application after probation officers filed their report. Initially, the court had given the probation officers until 2 pm on Friday to submit their report, threatening to rule on the bail application without it.

Probation Report and Court’s Decision

The probation team had requested an additional seven days to file their submissions, but the court proceeded. Notably, the court found the robbery with violence charge against Njoroge unconstitutional. This decision was based on a previous ruling by the High Court that declared Section 96 (2) of the Penal Code unconstitutional. This section had been the basis for the robbery with violence charge.

Flight Risk Concerns Dismissed

The prosecution had argued that Njoroge should not be released on bail, claiming he was a flight risk. However, the court found these claims unsupported by evidence. The prosecution had pointed out that after the assault, Njoroge went into hiding instead of reporting to the police station. He was only found and arrested later by officers. Despite this, the court ruled that the flight risk argument was implausible.

Public Safety Concerns

The prosecution also highlighted the intense public outcry following the incident, arguing that Njoroge’s safety was at risk. DCI Investigating Officer Josephat Rotich emphasized in an affidavit that the situation on the ground was hostile towards Njoroge. The public agitation posed an imminent danger to him, the prosecution argued. They believed this justified denying him bail.

Witness Tampering Potential

Additionally, the prosecution expressed concerns that Njoroge might tamper with witnesses if released. They argued that some key witnesses, captured through social media, were well known to Njoroge. This potential for interference was another reason cited to deny him bail.

Officer’s Request to Testify

The police officer assaulted by Njoroge, a 57-year-old man, requested to testify before Njoroge’s release. He felt victimized on social media and wanted his testimony heard first. Rotich underscored that while bail and bond are constitutional rights, they can be denied for compelling reasons. He believed the reasons provided were sufficient to deny Njoroge bond.

Court’s Final Ruling

Despite these arguments, the court granted Njoroge a bond of Ksh.700,000. The court dismissed the prosecution’s claims, finding no compelling evidence to deny him bail. This decision highlights the balance between constitutional rights and public safety concerns in the justice system.