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Several charged with assaulting cops, resisting arrest in 2022

By Joseph Ndunda December 29th, 2022 5 min read

Although the law provides for a relatively punitive punishment for one caught assaulting police officers on duty or preventing them from discharging their duties, the same appears not to be a deterrent at least according to the number of people charged with violating the provisions.

During the last quarter of this year, at least eight people were charged at the Makadara Law Courts with assaulting police officers, resisting arrest and generally preventing the cops from discharging their lawful duties while in uniform. One of them was charged with threatening to kill a cop.

For instance, a city tout who allegedly injured a police officer after he was found harassing members of the public at a matatu stage denied charges of willfully assaulting a police officer.

Salim Ongwaya was charged with assaulting and injuring police constable Christopher Muthama of Shauri Moyo police station.

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He is also charged with resisting arrest contrary to the National Police Service Act of 2011.

The accused person allegedly injured PC Muthama at the Majengo bridge along Lamu road in Kamukunji sub county within Nairobi on November 14.

PC Muthama and his colleagues were on a foot patrol when they found Ongwaya harassing women and forcing them into a Tuk tuk at a nearby matatu stage and attempted to arrest him for being a public nuisance.

But Ongwaya is said to have resisted arrest and injured PC Muthama during the commotion.

The accused person allegedly declined to be handcuffed and shouted that he was doing his work claiming that the matatu stage belongs to him and a youth group.

Ongwaya denied the charges before Principal Magistrate Agnes Mwangi of Makadara Law Courts.

He was released on a cash bail of Sh40, 000.

In a similar case, four people who allegedly beat up and injured a police officer at a local brew (chang’aa) den in Tassia, within Embakasi in Nairobi, were charged with assaulting the cop.

The four are Kelvin Kembero, Damagrine Mayenga, Jentrice Mayenga and Felix Katiwa.

They were jointly charged with willfully and unlawfully assaulting and injuring police constable Simon Kiliku of Tassia police post on October 28th.

They are accused of committing the offence in Tassia mabatini village where they allegedly beat up Kiliku who was at the time carrying out his duties of arresting them for possession of narcotic drugs.

The four are also facing charges of resisting arrest where they are accused of allegedly refusing to be arrested by Kiliku and his colleague Shadrack Juma contrary to section 103 of the National Police Service Act of 2011.

The suspects are accused of engaging the officers in a commotion where they attempted to lock them inside the den while they were on due execution of their duties.

Kiliku and Juma were on night patrol when they met two middle aged men and stopped them for looking suspicious.

But the two men allegedly took off and went into the den and took cover. The officers pursued them at the den but they allegedly started shouting and inciting other members of the public to join them in attacking the cops.

The two ladies allegedly poured chang’aa on the two police officers and restrained them from arresting Kembero.

Katiwa who was among them locked the door preventing the two officers from leaving the house as the group threatened to set the cops on fire.

Kiliku and his colleague called for reinforcement and their colleagues from the post and Embakasi police station responded quickly and arrested the four suspects.

The suspects denied the charges before Makadara Chief Magistrate Francis Kyambia.

They were released on a bond of Sh100, 000 and an alternative cash bail of a like sum.

Section 103 (a) of the National Police Service Act No. 11 (A) of 2011, offences related to assault of a police officer attracts a fine not exceeding 1 million shillings, imprisonment for a term not exceeding ten years, or to both.

“Any person who— (a) assaults, resists or willfully obstructs a police officer in the due execution of the police officer’s duties; (b) assaults, resists or willfully obstructs any person acting in aid of the police officer; (c) attacks an animal belonging to the Service; or (d) intentionally or recklessly, destroys police property, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding ten years, or to both.”

In another case, a daring man who allegedly stormed a Eastleigh police station and threatened to kill a police officer at the station was charged with issuing death threats to the cop.

Nurdin Ibrahim was charged with threatening to kill corporal Ahmed Abdisalam Adan of Eastleigh police station where he is accused of uttering word “nitakuua” to the cop inside the station on November 5.

Ibrahim is said to have gone to the police station at around 2pm where he confronted Cpl. Adan and allegedly threatened to kill him using a knife and escape to Somalia.

Cpl. Adan was on duty with colleagues when the suspect confronted him.

The suspect grabbed the cop by the neck and wrestled him before other police officers intervened to rescue their colleague. They arrested Mr. Ibrahim and put him in cells and informed their boss.

Mr. Ibrahim denied the charges before Principal Magistrate Hellen Okwany and sought for lenient bail and bond terms through an advocate.

The state asked the court to consider that the accused person threatened a police officer inside a police station and is under investigation in another case of assault.

In yet another case, a man who attempted to beat up two police officers while threatening he could get them fired and jailed was charged with offensive conduct and creating a disturbance likely to cause a breach of peace.

Paul Kundu was charged with offensive conduct contrary to section 94 (1) of the penal code after confronting police officers in Tassia within Embakasi in Nairobi on November 30th.

Mr. Kundu allegedly uttered words “naenza wachapa na hakuna kitu ama mahali mtanipeleka, hakuna sheria mnanjua…..nitawafunga na niwafute kazi” to corporal Caroline Nkatha and police constable Caroline Sabina of Tassia police post in Embakasi.

The accused person is also facing an additional charge of creating a disturbance contrary to section 95 (1) (b) of the penal code after allegedly attempting to punch PC Sabina who was driving a police car.

PC Sabina and her colleague were driving within the estate while on security patrol when they met a 15 – year old juvenile riding a motorcycle on a public road and stopped him.

They sent him to bring a parent before he returned with Mr. Kundu, who is a businessman in the area.

Mr. Kundu is said to have confronted the officers instead of engaging them in a conversation over the matter and became unruly and started attempting to punch PC Sabina.

The officers calmed him down and requested him to accompany them in the vehicle to go sort out the matter at the police post. On arrival, Mr. Kundu was arrested and placed in cells as investigations began.

He denied the charges before Senior Principal Magistrate Mary Njagi.

The accused person was released on a surety bond of Sh30, 000 and an alternative cash bail of Sh20, 000.