Man accused of assaulting traffic cop charged with robbery, freed on Sh700,000 bond
Njoroge was charged with robbery with violence after he allegedly robbed Corporal Jacob Ongendo of a police communication gadget's battery worth Sh50,000.
The 19–year–old man who allegedly assaulted a traffic police officer in Kasarani last weekend has been granted a bond of Sh700,000 with a surety of a similar amount.
Ian Njoroge was granted the terms by Senior Principal Magistrate Benmark Ekhumbi of Milimani Law Courts after a prolonged litigation between his defence lawyers and the office of Director of Public Prosecutions (ODPP).
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Njoroge was charged with robbery with violence in contravention of section 296 (2) of the Penal Code where he is accused of robbing Corporal Jacob Ongendo of a police communication gadget's battery worth Sh50,000.
He was also charged with causing grievous harm to the officer in contravention of section 234 of the criminal procedure code (CPC) and assaulting a police officer contrary to the National Police Service (NPS) Act of 2011.
The prosecution had argued that the charges against Njoroge were serious owing to the fact that he is accused of assaulting a uniformed police officer in broad daylight and claimed the suspect was safer in custody than outside.
The ODPP had asked the court to deny bail to the suspect arguing that an assault on a uniformed police officer is an affront to national security.
Lead counsel Victor Owiti told the court to take notice that the public was captured on video pursuing Njoroge after the incident.
But Ekhumbi said the ODPP's argument was not backed by law and granted the suspect a bond. He, however, warned the public from attacking police officers and, at the same time, urged the police to discharge their duties honourably.
"It is incontrovertible that assaulting a law enforcement officer while in uniform is a serious offence regardless of sordid reasons. I say so because, if not curtailed it can lead to anarchy and lawlessness. I passionately urge fellow Kenyan patriots that at no point should we perpetuate and witness such scenes," stated Ekhumbi.
"To the disciplined forces, shine your barges, polish your boots, be honourable in your duties, be steadfast and always do your good."
Owiti had told the court that the whole country was irked by the suspect's actions "which should not have happened even if the officer (Cpl Ongendo) solicited a bribe of Sh10,000 as alleged."
Owiti's claims were supported by lawyer Danstan Omari who is representing Cpl. Ongendo.
Omari said the court should take cognizant that the victim is a 57-year-old man who has a wife, children, in-laws, among other relatives who watched him being subdued by a 19–year–old boy.
The lawyer said the incident was an attack on all police officers, adding that was the reason dozens of officers were in the court following up with the matter.
He said the incident has brought shame and disrepute to the entire country and the National Police Service because of Njoronge's actions.
"The USA disciplined forces failed in Haiti and the United Nations sought help from Kenya. They chose Kenya to lead the world's forces (involved in restoring order in Haiti) because Kenyan police officers are among the best trained in the whole world and this is the reputation that is under attack," Omari stated.
But Njoroge's lawyers, led by Duncan Okatch, dismissed the arguments by the state and Omari.
They said the NPS is not listed as a complainant in the charges that Njoroge is facing.
Controversial lawyer Lempaa Suyianka told the court to take notice that Njoroge is charged with an offence that a three-judge bench of the High Court declared unconstitutional.
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