In what appears to be a landmark ruling, a Nairobi Court has ruled that the robbery with violence charge against Ian Njoroge is unconstitutional since Section 96(2) of the Penal Code, where the said offence is anchored, was declared unconstitutional by the High Court.
The 19yr-old student is accused of assaulting a traffic police officer along Mirema Drive.
Milimani Magistrate Benmark Ekhubi further ruled that the allegations that Ian Njoroge should not be released on bail or bond because he is a flight risk is plausible since it is not supported by any evidence.
The prosecution had earlier on alleged that the accused person faced a serious offence for which, when released, he might be in danger from the aggrieved members of the public.
However, the defence informed the court that the section under which the accused person was charged was declared unconstitutional by a court of higher jurisdiction.
“The submission by the defence that the robbery with violence charge under Section 96(2) of the Penal Code was declared unconstitutional was not controverted by the prosecution, hence leaving only the second and third count against the accused person” ruled the Court.
