Written By Joyce Nzomo
Two men, Peter Ndichu and Patrick, are facing charges of robbery with violence at the Thika Law Courts following an incident that allegedly occurred on February 8, 2023, in the Mukiriti area of Thika.
The complainant, Stephen, claims he was robbed and stabbed in the eye with a knife during the attack. Both accused men have denied the charges, claiming wrongful arrest, police misconduct, and mistaken identity.
Stephen had told the court during a prior hearing that he was attacked around 10 a.m. by two unknown men who stole his phone and stabbed him in one eye. He later presented a doctor’s report confirming that his injury was caused by a knife stab.
Peter Ndichu’s Arrest and Testimony
Peter was arrested on February 15, 2023, in the Starehe area of Thika, where he worked as a trash collector. He said he served homes and hostels and earned between Ksh 400 and 700 a day. He told the court that on the day of his arrest, he was returning trash bins to clients when police arrested him without explanation.
He said he only came to learn of the case and saw the complainant, Stephen, for the first time in court. He denied any connection to the crime, saying he was never subjected to an identification parade. He also denied knowing his co-accused, Patrick, before their arraignment, stating they were later held in separate sections of Industrial Area Remand, which housed over 1,800 inmates across 12 floors in G Block.
Patrick’s Arrest and Testimony
Patrick, the second accused, was arrested a day later on February 16, just outside Thika Police Station while on his way home from work in Gatitu, where he worked as a metal weigher, earning Ksh 400 a day.
He testified that a police officer suddenly pounced on him and dragged him into the station compound. Inside, the officer allegedly demanded a Ksh 3,000 bribe to let him go. When Patrick failed to produce the money, he was taken to the cells.
It was while in custody that he later learned of the charges brought against him.He said he was later taken to an office with three officers; two men and one woman.
One of the officers reportedly asked, “Nikuandikie kosa gani?,to which the officer who arrested him responded, “Mwandikie hiyo,” pointing to Stephen’s case file. Patrick said he was then slapped and forced to sign documents he hadn’t read.
A statement produced in court claimed that Patrick’s friend, Wanderi, had gotten into a fight with someone named Mungai at Mukiriti on February 8, and that Mungai had stabbed Stephen before fleeing. Patrick disowned the statement, saying it was false and signed under pressure.
Patrick said he worked for a man called Chikri at a metal shop and had been there for eight months since March. He told the court he worked six days a week and was off on Sundays. He also mentioned that workers at the shop signed a register upon arrival, which he believed could confirm his presence at work on the day of the incident but admitted he had not informed his lawyer about the register. When asked who his best friend at work was, Patrick said he had none due to the loud, noisy nature of the metalwork environment, which didn’t allow time for much conversation.
Prosecution
During cross-examination, the prosecution asked Patrick why he had not reported the bribery attempt or told his lawyer. He responded that he had not been given an opportunity to speak and was told to communicate only through his lawyer.The prosecution also questioned whether he and Peter had prepared their defense together while in remand. Patrick denied this, explaining that although they were both held in Industrial Area Remand, the facility had over 1,800 inmates and 12 floors in G Block, making it difficult to see each other regularly. He said he had only seen Peter in court and a few times in remand, and they had not spoken until their defense process began.Patrick also told the court that the complainant had first called him Edward, then Peter, which he argued showed that the complainant didn’t actually know him. He said he had never been to Mukiriti, only heard of the place, and had no involvement in the attack.
Defense ArgumentAfter the medical report confirmed the stabbing injury, the defense lawyer asked both accused if they used knives in their daily work. Both stated they did not. The defense also emphasized that no identification parade had been conducted.
The lawyer argued that both men earned enough to support themselves and had no reason to commit robbery. He added that Patrick’s arrest appeared to be based purely on a bribe demand gone wrong and that the charges were forced on him by officers who had not properly investigated the matter.
Peter and Patrick continue to deny the charges against them. They claim they were arrested
unfairly, misidentified, and forced into statements under pressure. They also say they had no connection to the complainant and no motive to commit the crime.
The case is still ongoing.