A Nairobi court has freed a flight attendant charged with having a toy gun allegedly after accusing Dandora police officers of assault.
While freeing Mr Patrick Kabuchi, Makadara Chief Magistrate Heston Nyaga ruled that the charge against him was not proved so reliance on the officers’ allegations would result in a “risky conviction”.
“In my view, it will be a travesty of justice if he is convicted based on what prosecution witnesses told the court,” Mr Nyaga added.
Mr Kabuchi, a JamboJet employee faced the charge allegedly after refusing to give a bribe.
He told the court that he was assaulted by the then Dandora OCS Mathew Ndogo on December 25, 2015.
Mr Kabuchi told the court that trouble started as he headed from his mother’s house to his house in Kariobangi at around 8.30pm.
He said his mother travelled upcountry and asked him to feed her dogs.
Mr Kabuchi said that at the bus station, where he was to board a vehicle to Kariobangi, he saw three police officers running after a man.
The officers, however, pounced on him and started beating him, he said.
He said he pleaded innocence but that they accused him of being part of the four-man gang they were pursuing.
Mr Kabuchi said he sustained a deep cut in the head and other serious injuries in his arms and right leg.
Mr Kabuchi was later taken to the station and locked up.
He claimed the officers later demanded a bribe to free him but that he did not comply so they came up with the charge of possession of an illegal gun.
Five police officers, including the OCS, testified in court against him, maintaining that he was a thief arrested while trying to escape.
Mr Kabuchi called four defence witnesses including his mother and a man who witnessed his arrest.
The court dismissed the accusations saying there was no evidence that he had the toy pistol.