Why assault case involving Kanjo askari was moved to Milimani Law courts
A contractor accused of assaulting a city askari (Kanjo) has successfully opposed her case being tried at the citi court claiming she is unlikely to get justice.
The case will now be heard at the Milimani Law Courts in Nairobi.
Citi chief magistrate Roseline Oganyo ruled the suspect namely Mary Wainaina had raised serious issues regarding her rights and fair trial.
She however noted although the Citi Court is housed by City Hall, it is not administered by the Nairobi County Government.
In a brief ruling, Ms Oganyo said her court is independent and cannot be swayed by any circumstances outside the evidence tendered and the law.
“I have taken into consideration all the issues advanced by the accused. I hereby direct the case be transferred to Milimani law courts to be heard and determined,” Ms Oganyo ruled.
The magistrate allowed an application by Mary Wainaina to have the case be heard before another court since the complainant Brenda Otieno is a City-County Askari and it would only be fair for her to try in an atmosphere she is not depressed.
Through lawyer Jackson Maroa, Ms Wainaina alleged she was taken through a harrowing experience when she was arrested by police.
Maroa claimed when Mary was arrested by Police Officers at Embakasi she was transferred to Central Police Station where she was held incommunicado for some days.
“When Mary was arrested she was moved to Central Police Station instead of being held at Embakasi where the alleged offence was committed,” Mr Maroa told Ms Oganyo.
The lawyer alleged Mary was tortured and humiliated by police office at the alleged instigation of the complainant.