Ian Njoroge, the 19-year-old who was seen in a viral video assaulting a traffic police officer in Mirema, has been granted a bond of Ksh.700,000.
Earlier on Friday, the Milimani Law Courts had given probation officers until 2 pm to file their report on the matter, warning that it would rule on his bail application if they failed to do so. The probation officers had requested an additional seven 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, under which the offense was charged, had been declared unconstitutional by the High Court.
Furthermore, the court dismissed the prosecution’s claim that Njoroge is a flight risk, noting that this assertion was not supported by any evidence.
On Wednesday, the prosecution had requested that the court deny Njoroge bail or bond, citing an alleged imminent threat to his safety due to the intense public outcry 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,” stated DCI Investigating Officer Josephat Rotich in an affidavit.
The prosecution also expressed concern that Njoroge might tamper with witnesses if 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 pointed out that Njoroge did not turn himself in after the assault but went into hiding until officers located and arrested him, suggesting 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,” Rotich said.
Rotich also noted that the police officer assaulted by Njoroge wishes to testify before bail is granted.
“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 rights but the same can be denied if there are compelling reasons,” he stated.
