DPP wants Ian Njoroge denied bail

The Director of Public Prosecutions (DPP) has asked a Nairobi court to deny bail to Ian Njoroge, the 19-year-old student who allegedly attacked a traffic police officer along Kamiti Road in Kasarani.

Njoroge was presented before Milimani Senior Principal Magistrate Ben Mark Ekhubi and charged with three charges ranging from robbery with violence,grievous harm and resisting arrest. 

In an affidavit, prosecution counsel James Gachoka argued that Article 49, 1H, allows for the limitation of the right to bail meaning that the right to bail is not absolute.

Gachoka told that court that denying Njoroge bail is in the best interest of the security of the accused person.

“It is our argument that the offence before you is of utmost seriousness, while bail is a constitutional right, the law demands that where there are compelling reasons then bail must be denied,” stated Gachoka.

Gachoka said the fact that he did not present himself to the police station shows that he is a flight risk.

“We ask the court to take notice of the video circulating through the social media showing Njoroge fleeing from the scene of the crime. We are convinced that if the court releases him on bail, he will flee from the court and he will never come back,” he said.

Njoroge’s lawyer Duncan Okatch, however, urged the court to release his client on bail saying the prosecution itself other than the investigating officer is perpetrating the denial of bail.

“The accused person is charged with an offence that a three judge bench of the High Court declared unconstitutional,” said Okatch.

Magistrate Ekhubi  requested for a pre-bail report before granting bail.

He will be remanded at Industrial area prison until Friday