Ian Njoroge Might be forced to Serve 10 Years in Prison or Pay Ksh. One Million Fine.
A number of videos showing a young man beating a police
officer has been going viral over the past few days.
As an extension of the same, this article will explains some
of the questions arising from the occurrence, one of them being:
What will happen to the man who was caught beating the
police?
For the sake of people who have not come across the videos,
I will start by sharing some of the videos that have been trending.
In this video, a motorist who is identified as Ian Njoroge is seen injuring the police.
The incident caught attention and the public is seen demanding
for him to release him.
A sound could be heard saying, “achana nay eye,” meaning
leave him alone.
As a response, Ian manage to escape but he is finally arrested in his girlfriend’s residence.
In yet another viral video where he is arrested by the police, Ian explains that the reason for his act is because the officer was asking for too much bribe.
One thing you should note is that there was no evidence
about the police officer asking for bribe, which means that Ian Njoroge cannot use
that reason as an excuse to defend himself in court.
He also mention that his act was out of anger.
What will happen to Ian Njoroge? What does the law states about a civilian beating a police officer?
Let’s now dive to the main discussion, what will happen to
Ian Njoroge? What does the law states about a civilian beating a police officer?
According to Section 103 (a) of the National Police Service
Act No. 11 (A) of 2011 , offences related to assault of police will attract a
fine not exceeding 1 million shillings, or an imprisonment for a term not
exceeding ten years, or to both.
According to Chapter 14 Section
243 (4) of the Kenyan constitution, the parliament has the power to enact laws
that will protect the police service in execution of its duties.
In addition, Chapter 14 section
244 (a) and (e), requires police officers to strive for the highest
standards of professionalism and discipline among its members and foster and
promote relationships with the broader society.
Notably, the law above focuses on the expectations of police
officer conduct, and not legal repercussions for assaulting an officer.
According to The Independent
Policing Oversight Authority (IPOA), assaulting a police officer
is a crime, and the case has no legal defense.
Being caught on camera weakens Njoroge’e defense because it
serves as an evidence against him.
The officer was in his duty as per the constitution.
According to Article 18 of the 2009 Penal Code:
In a nutshell, Njoroge’e case has no defense and he is
likely to serve a jail term of up to 10 years or pay a fine of amount not
exceeding one million.
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