The Director of Public Prosecutions has appealed to a Nairobi court to deny bail to 19-year-old student Ian Njoroge, who is accused of assaulting a police officer and robbing him of a communication device.
In an affidavit presented by prosecution counsel James Gachoka, it was argued that while Article 49, 1, H of the Kenyan Constitution provides for the right to bail, this right is not absolute. Gachoka emphasized that denying bail would be in the best interest of Njoroge’s security.
“An offence involving the violation of the rights of a police officer is an offence against the state,” Gachoka asserted to Milimani Principal Magistrate Ben Mark Ekhubi. “We argue that the offence before you is of utmost seriousness. While bail is a constitutional right, the law demands that where there are compelling reasons, bail must be denied.”
Gachoka further argued that the court must send a clear message to deter individuals from attacking police officers, suggesting that Njoroge poses a flight risk given his failure to voluntarily present himself at the police station.
“We ask the court to take notice of the notorious video circulating on social media showing the accused fleeing from the scene of the crime,” he continued. “We are convinced that if the court releases him on bail, he will flee and not return.”
The prosecution also highlighted the potential risk to Njoroge’s safety, noting that public hostility towards him was evident in the video footage where members of the public were seen pursuing him.
However, Njoroge’s lawyer, Duncan Okatch, urged the court to grant his client bail, arguing that the prosecution had not provided sufficient grounds for denial. Okatch pointed out that the prosecution’s reasons lacked merit and appeared to be exaggerated.
“The accused person is charged with an offence that a three-judge bench of the High Court declared unconstitutional,” Okatch stated.
Magistrate Ekhubi acknowledged the arguments and requested a pre-bail report before making a decision on bail. Until then, Njoroge will be remanded at the Industrial Area Prison, with the next hearing scheduled for Friday.
