This archive report was first published on 23 September 2019.
On March 19, 2019, John Kinuthia, a matatu conductor, was arrested by Corporal Richard Otieno from the Kabete police station for allegedly failing to wear the required maroon uniform while operating on the Uthiru-City Centre route.
However, Kinuthia produced a photo from his bag, which he claimed was taken by the matatu driver using the driver's phone, showing him dressed in a tout's full gear. He argued that the police officer arrested him after they disagreed on another issue, not over the alleged dress code.
Senior Principal Magistrate Esther Boke ruled that the prosecution had failed to prove the case after confirming that Otieno had no proof that Kinuthia was without the required uniform during the arrest. She acquitted Kinuthia, affirming that his evidence was enough to prove he was in his uniform.
Boke ordered that Kinuthia be given back his Sh10,000 cash bail. The prosecution has 14 days to appeal. Kinuthia thanked the court for the ruling, stating that police officers often harass them and create excuses to arrest them.
