A court will determine on Thursday (March 10) whether 16 suspects accused of robbery with violence and sexually molesting a female diplomat will be detained for 20 days. Milimani Principal Magistrate Gilbert Shikwe directed that the suspects be detained at the Gigiri Police Station until then.
Police want to detain them as they conclude their investigations into the attack on the motorist on Wangari Maathai Road in Nairobi. The suspects include boda boda riders, matatu drivers and conductors.
Some of 16 boda boda riders accused of assaulting a female motorist last Friday on Wangari Maathai road when they appeared in court on March 9, 2022.
Photo credit: Dennis Onsongo | Nation Media Group
"Because the prosecution and the suspects have differed on the days for detention, I need more time to consider the submissions and the objection to make a comprehensive decision," Mr Shikwe ruled.
The suspects objected to the request from investigating officer Yvonne Mwanzia, saying the period is too long given that they had been in custody since Monday.
One of the suspects, Benjamin Ngure, a fruit seller at the Ngara market, opposed the longer detention, saying he is not a boda boda rider.
"Your honour, I am a fruit seller and not a boda boda rider. I was arrested while waiting to board a matatu to my residence. I know nothing about the attack on the diplomat. Twenty days are too many and all my fruits will rot in my store. Free me now," Mr Ngure pleaded.
Two matatu drivers – Joseph Ngugi Mbugu and Joseph Kibui Mukambi, who were dressed in their matatu sacco uniform – also opposed the detention, saying it was too long and they were not involved in the attack.
Four others – Harrison Maina, Lenson Fundi Njururi and Cliff Gikobi Oyaro – told the magistrate that they are matatu conductors and were arrested on mistaken identity.
Another suspect, Japheth Bosire Obano, said he is not a matatu driver and was arrested after he returned home from work on Monday. He said he has a three-month old child that he takes care of and he will suffer if he was kept in custody.
Another suspect, Ignatius Shitekha Mufwolobo, told the court that he is not a boda boda rider but a casual labourer and was going home when he was arrested.
Those arrested over the attack on the diplomat are James Mutinda Muema, Samuel Wafula Muswahili, Charles Omondi Were, Obano, Hassan Farah Forah, Wanjuki Lincoln Kinyanjui, Mbugu, Fundi, Maina, Ngure, Shitekha, Martin Kamau Maina, Shadrack Ambia Luyeku, Shadrack Kioko Nyamai, Oyaro and Kibui.
Forah, a boda boda rider, said he operates at City Park and was arrested while returning from Pangani.
The rest told the magistrate they were arrested from their work station at Barabara Tano, the scene of the crime.
"We are parents and we earn our living by dropping passengers and police arrested us from the scene where we operate every day and we are not criminals," they riders said.
The suspects told the court that the incident occurred on Friday and they were arrested on Monday while the actual offenders have gone under.
Opposing longer detention, the suspects said that an identification parade was conducted on Monday and the complainant did not identify any of them as her attackers.
In pressing to detain the suspects for 20 more days, Inspector Mwanzia said police need more time to record a statement from the complainant, forensically examine seized evidence and analyse CCTV footage from the scene.
She also said that the complainant was undergoing treatment and counselling following the traumatising incident.
"I need time to complete investigations, which involve robbery with violence, gender violence and theft, among others," she said.
The court heard that the complainant lost her iPhone valued at Sh130,000.
