The 19-year-old University student who is suspected to be the assailant caught on camera assaulting a police officer has been charged with robbery with violence.
Ian Ngige Njoroge has also been charged with causing grievous harm and resisting arrest.
The accused denied three counts of robbing Corporal Jacob Ogendo a mobile phone worth Sh50,000, a battery of police communication gadget and resisting arrest.
The First-Year student at Technical University of Kenya denied the charges before Milimani Law Court Senior Principal Magistrate Benmark Ekhubi.
The incident that went viral on social media happened on June 2, 2024 at Kamiti Road in Kasarani, Nairobi County.
The court heard that the accused committed the offence while in the company of others who are yet to be arrested and charged.
The accused has been charged under section 296 (2) of the penal code which carries a mandatory death sentence upon conviction.
The student also faces charges - under the Traffic Act - of causing obstruction to other motorists while driving a vehicle registration number KDJ 207P.
The traffic charge states that the accused did not give access to other road users by making a U-turn along Kamiti Road at Mirema junction around 8pm on June 2, 2024.
Njoroge is said to have carried five passengers instead of four thereby exceeding the vehicle's capacity by one passenger.
He is further accused of disobeying verbal police directives to drive the said motor vehicle to Kasarani Police Station.
According to the charge sheet, the accused allegedly pushed the uniformed police officer out of the vehicle near Quickmart Supermarket.
State Prosecutor Virginia Kariuki opposed the release of the accused on bond saying police need time to present an affidavit explaining reasons for the bail denial.
"The accused herein was arrested on Monday and the investigating officer needs time to record statements from intended witnesses," said the prosecutor.
Defence lawyers Duncan Okatch, Suyianka Lempaa and Ken Echesa opposed the application by the prosecution to have the accused detained for three days, saying his rights have been infringed by the police who allegedly tortured him when they arrested him at his mother's house.
"We are taken aback by the request to detain the accused for three more days to enable police come up with reasons for bail denial," said Mr Okatch.
He urged the court to reject the State’s request and admit the accused to bond to enable him seek medication.
A recording of an altercation between the accused and police officers, following the arrest, was also presented before the court.
"Article 29 (c) (d) and (e) of the Constitution require every arrested suspect to be treated with dignity and prohibits torture whether physical or psychological," Okatch submitted.
The defence team also told the court that Njoroge was manhandled and he collapsed twice at his parent's house when police officers descended on him.
Lempa opposed the three days detention request saying police preferred the violent charges against Njoroge under section 296 (2) to make him look like a dangerous person.
He cited a ruling in 2016 by a three-judge bench which declared as unconstitutional sections 295, 296 and 297 of the criminal procedure code.
The defence team said, as such, Njoroge has been charged under a section of the law that has been outlawed.
In his ruling, the magistrate ordered Njoroge to be held in prison custody to enable him access medication and protection.
He noted that 21 police officers escorted the accused to court, an act which may have scared the accused.
"Let the rights of the accused be protected, let him be escorted to Kenyatta National Hospital to get urgent health attention," the magistrate ordered.
The accused will later be produced in court to determine whether he will be released on bond or not.
