Man who fought a police officer by biting his finger has been freed from a two year sentence after a court revised his punishment, accusing the judge who jailed him of being casual in their work.
Julius Kanyuguto Waweru had been convicted of the assault charge in addition to the charge of attempted robbery with violence, threatening to kill and resisting arrest on June 10, 2023. He was convicted and sent to jail for a two-year sentence.
On February 5, 2024, he applied at the High Court, asking that his sentence be revised.
Court papers show that during his mitigation, he pleaded that he be afforded mercy because he was remorseful and had even reconciled with the officer he assaulted.
In fact, the complainant officer withdrew all other counts except one of them that he had admitted. It is not specified which offence was not withdrawn.
The officer had said he withdrew the charges because he had reconciled with the man and that they had an out of court settlement.
In his decision, the judge faulted the trial judge for failing to give the man the option of paying fine in place of the custodial sentence, suggesting that the court used the heavy hand because the complainant was a police officer.
The judge said Waweru was unfairly treated in the process.
“However, without any justification, the trial court just casually jailed him for two years without an option for fine. Was it because complainants were police officers?"
This smack suspicion for unfair treatment and discrimination contrary to article 27 of the constitution for Kenya,” the judgment dated February 9 reads.
The judgment went on, “Worse of all the facts read were incongruent with the charge sheet. The offence is alleged to have been committed on June 11, 2023, but facts read talked of June 10, 2023. No amendment was done so the same was fatal.”
“For above reasons, the charges were invalid thus conviction is quashed, sentence set aside and accused released forthwith,” the court said, setting the man free.
The Independent Policing Oversight Authority and various laws have been firm in dealing with cases of civilians assaulting police officers, vouching for strict application of punishment to deter it.
According to the National Police Service Act of 2011, assaulting a police officer attracts a fine not exceeding Sh1 million, imprisonment for a term not exceeding 10 years, or to both.
“Any person who— (a) assaults, resists or wilfully obstructs a police officer in the due execution of the police officer’s duties; (b) assaults, resists or wilfully 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.”
