Ian Njoroge, the 19-year-old student who was captured in a viral video assaulting a traffic police officer in Mirema, has been granted a bond of Ksh.700,000.
This decision came after the Milimani Law Courts gave probation officers until 2 pm on Friday to file their report on the matter. The probation officers had initially requested an additional seven days to file their submissions.
The court ruled that the robbery with violence charge against Njoroge was unconstitutional, as section 96 (2) of the Penal Code, under which the charge was anchored, had been declared unconstitutional by the High Court. Furthermore, the court found the prosecution’s argument that Njoroge posed a flight risk to be unsupported by evidence.
The prosecution had argued against granting bail, citing an imminent threat to Njoroge’s safety due to intense public outcry following the incident. DCI Investigating Officer Josephat Rotich stated in an affidavit 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.”
Additionally, the prosecution expressed concerns 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.
Rotich also pointed out that Njoroge did not turn himself in after the incident, instead going into hiding until he was apprehended by officers. This behavior was used to support the claim that he posed a flight risk.
“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,” Rotich added. He emphasized that the reasons provided were compelling enough to consider denying bond.
Despite the prosecution’s arguments, the court ultimately decided to grant Njoroge bond, with conditions to ensure his compliance with the legal process. Njoroge is expected to appear in court again as the case proceeds.
