In what appears to be a land mark ruling, a Nairobi Court has ruled that the Robbery With Violence charge against Ian Njoroge, the student accused of assaulting a traffic police officer along Mirema drive is unconstitutional since section 96 (2) of the Penal Code where the said offence is anchored was declared unconstitutional by the High Court.
Milimani Magistrate Benmark Ekhubi further ruled that the allegations that Ian Njoroge should not be released on Bail and or Bond because he is a flight risk is plausible since it is not supported by any evidence.
The prosecution had earlier on alleged that the accused person faced a serious offence which when released he might be in danger from the aggrieved members of the public.
However, the defense informed court that the section under which the accused person was charged with was declared unconstitutional by a court of higher jurisdiction.
“The submission by the defense that the robbery with violence charge under section 96 (2) of the Penal Code was declared unconstitutional was not Controverted by the prosecution hence leaving only the second and third count against the accused person” ruled the Court.
