Chinese national in court for violent robbery, resisting arrest
A Chinese contractor who allegedly robbed a truck driver of his phone and cash got a reprieve after the robbery with violence charges against him were dropped.
Mr He Chuan Xin was charged at the Makadara Law Courts with violent robbery contrary to section 296 (2) of the penal code alongside his employee Mr Peter Oichoe.
The duo were charged with robbing Mr Jackson Mwendo Mwania of his mobile phone worth Sh18000 and Sh3000 on February 1, 2023, at the General Motors stage along Mombasa road in Nairobi.
The two charged with committing the offence jointly with others at large were accused of using actual violence on the complainant during the alleged robbery after they allegedly assaulted him before taking his phone and cash.
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They were also charged with resisting arrest by police officers while in the due execution of their duties in contravention of section 103 (a) of the NPS Act of 2011 after allegedly declining to be arrested by two police officers.
Mr Mwania was delivering concrete to a construction site owned by Mr Xin when he found the foreigner assaulting another driver.
Mr Mwania used his mobile phone to record the incident on a video, but unfortunately, Mr Xin saw him recording and ordered his employees to confront the complainant.
Mr Xin allegedly joined his employees, including Mr Oichoe, in assaulting Mr Mwania and allegedly took his phone and cash.
Mr Mwania made a report at the Mombasa Road police station after driving out of the scene and later sought treatment.
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Police officers later went to the site, where Mr Mwania identified the two suspects. Still, they allegedly declined to be arrested, causing a commotion after some public members joined them and gagged up against the officers.
The two police officers were reinforced by their colleagues who were on patrol and were able to subdue the two. They denied the charges before Senior Resident Magistrate Erick Mutunga.
Mr Mwania withdrew the case and told the court that he had been paid Sh15, 000 for his phone, the Sh3000 stolen from him during the incident and compensation for the treatment cost, and the robbery charge with violence was dropped. The two will be prosecuted for resisting arrest.
They were released on a bond of 150,000 with a surety of a like sum. The case will be mentioned on March 8, 2023 before the hearing starts on June 13, 2023.
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