This archive report was first published on 23 September 2019.
On September 20, 2019, Esther Boke, a senior principal magistrate at the Kibera Chief Magistrates Courts, acquitted John Kinuthia, a public service vehicle conductor, of charges related to violating the Traffic Act.
Mr. Kinuthia was accused of not wearing his required maroon uniform while working, but he produced a photo from his bag as evidence, which revealed that he was indeed dressed correctly.
According to the prosecution, Corporal Richard Otieno from Kabete Police station, Mr. Kinuthia had violated the traffic laws while working on the Uthiru-City Centre route. However, the accused informed the court that he was arrested after a disagreement with the police officer over a different issue, not the dress code.
Mr. Kinuthia also claimed that he had recorded a conversation between them, which he could have produced as evidence. The magistrate, Esther Boke, faulted the prosecution for failing to prove beyond reasonable doubt that the accused had not worn his uniform.
As a result, Mr. Kinuthia was acquitted, and the court directed that he be refunded his Ksh. 10,000 cash bail.
Mr. Kinuthia was arrested on March 19 along Waiyaki Way and taken to Kabete police station. He was charged alongside other touts who pleaded guilty to the offence and were released on cash fine.
