•She said the complainant is yet to sign a P3, and she's still undergoing medication and counselling.
•Other suspects claimed they are matatu conductors and not bodaboda riders.
Image: DOUGLAS OKIDDY
Sixteen boda boda riders arrested on Monday for allegedly assaulting a female driver will remain in custody until Thursday, when the court will make its ruling.
Milimani Principal Magistrate Robert Shikwe said he was not able to make his ruling on Wednesday and needed more time to go through the submissions by both the police and the suspects.
In an affidavit filed in court by Inspector of police Yvonne Mwanzia, she claims that the suspects James Mutinda, Samuel Wafula, Charles Omondi, Japheth Bosire, Hassan Farah, Wanjiku Lincon, Harrison Maina, among others, allegedly assaulted the female motorist on March 4.
The officer says that the suspects need to be detained for 20 days to allow her and other officers to complete their investigations.
The suspects were not represented by any lawyer.
Mwanzia told the court that the victim, who is a diplomat vide, reported the incident at the Parklands police station.
She said at around 1730hrs, the victim, while she was driving the vehicle along Prof Wangari Mathai road, on reaching Barabara Tano, was involved in a traffic road accident with a bodaboda rider.
“Suddenly, a group of bodaboda riders moved to where her vehicle had stopped and attacked her, accusing her of hitting one of their colleagues,” the court was told.
The officer added that while the victim was still inside her vehicle, the suspects started assaulting her and in the process, they robbed her of a mobile phone valued at Sh130,000.
The police need to obtain and retrieve CCTV footage from Barabara Tano for forensic analysis at DCI headquarters imaging and photographic department.
They also need time to compile the police file and take it to DPP for perusal.
"I need 20 days to allow me time to investigate the suspects who have no known place of abode," Mwanzia told the court.
She said the complainant is yet to sign a P3, and she's still undergoing medication and counselling.
The court heard that the matter is of public interest and they are just suspects and not yet charged.
They also need time to request call data from service providers so that they can trace the movements of the accused persons.
The suspects’ mobile phones need to be taken to cybercrime unit DCI headquarters for forensic analysis.
The officers are apprehensive that if not granted the required days, they will not get enough evidence to prosecute the suspects.
Mwanzia said the victim deserves to have her interests safeguarded and it can only be safeguarded if comprehensive investigations are done and ensure that rightful offenders are brought before book.
Some of the suspects, however, were opposed to the 20 days being sought by the police. They said they are not boda boda riders as alleged by the police.
“Your honour, I am a matatu driver and I was working normally on Monday when the police arrested me. I had to leave the vehicle on the road,” the court was told.
Other suspects claimed they are matatu conductors and not bodaboda riders.
The court ordered the 16 suspects to be remanded at Gigiri police station until Thursday when the magistrate will rule whether they will be detained for 20 days.