Magistrate to the rescue of father and son in armed robbery case
A caretaker who is facing robbery with violence charges alongside his son got a reprieve after Makadara Law Courts Chief Magistrate Heston Nyaga flagged a “potential injustice” and released him on free bond.
David Gikunju Ngatia and his son Zakayo Ngatia were charged with robbing Barnaban Ochunyi Akwela of his two mobile phones all valued at Sh 27, 000 while armed with stones.
They were accused of committing the offence on February 26, 2020 in Pangani within Starehe sub county.
But Ngatia denied the charges and accused his aggressors of making false claims against him after a confrontation at an apartment.
And Nyaga agreed with him because the incident happened during a commotion between tenants and directed the prosecution to re-look at the charges against the two.
Ngatia said he is a caretaker of the apartment where he and the complainant live but the complainant and other tenants have refused to recognize him as such.
“We have been living like carnivorous and herbivorous. They have been hunting me for long and they attacked on that day. My son is here only because he came to my rescue,” Ngatia said.
He had a fractured hand and said he sustained the injury during the confrontation at the residential apartment.
Ngatia said he had lodged complaints at the Pangani Police Station severally and had an OB report number of the latest incident where he reported assault.
He told Nyaga that his aggressors reported after he lodged his complaint but he was later arrested and charged.
Nyaga released the two suspects pending the review of charges against them. The case will be mentioned on March 16.