The Director of Public Prosecutions (DPP) urged the court to refuse bail for 19-year-old Ian Njoroge

The Director of Public Prosecutions (DPP) has requested a Nairobi court to reject bail for a 19-year-old student accused of assaulting a police officer and stealing a communication device.

In an affidavit presented by prosecution counsel James Gachoka, it was argued that Article 49, 1, H allows for the limitation of the right to bail, implying that this right is not absolute.

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Gachoka informed Milimani principal magistrate Ben Mark Ekhubi that denying bail to Ian Njoroge is in the best interest of the accused person’s security.

“An offense involving the violation of a police officer’s rights is a crime against the state. We contend that the offense before you is of utmost seriousness. While bail is a constitutional right, the law stipulates that bail must be denied when there are compelling reasons,” Gachoka argued.

He further emphasized that the court has a responsibility to send a message to those contemplating assaulting a police officer that they will face consequences.

Gachoka highlighted Njoroge’s failure to surrender to the police station, suggesting he is a flight risk.

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“We urge the court to consider the widely circulated video on social media showing the accused fleeing the crime scene. We are convinced that if granted bail, he will abscond and not return,” he added.

The prosecutor also noted that in the video, members of the public were seen pursuing the accused, indicating hostility towards him. Therefore, denying bail would protect him from potential harm.

Njoroge’s lawyer, Duncan Okatch, however, argued for his release on bail, alleging that the prosecution, besides the investigating officer, was fueling the denial of bail.

Okatch contended that the reasons provided by the prosecution were insufficient to justify denying bail.

“The accused is charged with an offense that a three-judge bench of the High Court declared unconstitutional,” the defense lawyer stated.

Ultimately, the court was convinced to grant bail to the accused, with Magistrate Ekhubi requesting a pre-bail report before making a final decision.

Njoroge will remain remanded at the Industrial Area prison until Friday