Two city touts have been charged with assaulting a police officer and resisting arrest following an incident in the Babadogo area of Ruaraka, Nairobi County.
Bernard Odhiambo and Winstone Khaimba are accused of wilfully and unlawfully assaulting Police Constable (PC) Moses Chivatsi on July 16 by scratching him with handcuffs during an attempted arrest.
The pair also face charges of resisting lawful arrest after allegedly refusing to be handcuffed and obstructing police officers in the execution of their duties.
According to the prosecution, the incident occurred while a team of plain-clothes officers, including PC Chivatsi, was conducting patrols in an area known for incidents of mobile phone snatching and theft targeting passengers at bus stages. The operation was aimed at apprehending touts and conductors operating in breach of traffic and public service vehicle regulations.
Police told the court that the officers approached Odhiambo after finding him working as a conductor without the mandatory uniform and identification badge. He allegedly resisted arrest by refusing to be handcuffed, leading to a struggle during which PC Chivatsi sustained an injury to his hand.
The altercation attracted a crowd, including Winstone Khaimba, who is alleged to have incited members of the public to prevent the officers from carrying out the arrest. As tensions escalated, PC Chivatsi called for reinforcement, and crime duty officers responded to restore order and bring the situation under control.
During the confrontation, the suspects allegedly wrestled with the officers and made inflammatory remarks, claiming that police were making life difficult for them and other Kenyans.
“Hatutakubali na hatuendi mahali, tupambane nao” (“We will not accept this, and we are not going anywhere—let us fight them”), They are said to have shouted in Swahili, statements which investigators say endangered the officers’ safety.
The prosecution said the charges arise amid ongoing enforcement of regulations requiring public service vehicle conductors and touts to wear uniforms and display valid identification badges, measures intended to improve accountability and curb theft targeting unsuspecting commuters.
Appearing before the court, Odhiambo claimed that being brought before the court was by God’s grace despite what he described as police mistreatment. He further alleged that Sh5,000, which he had kept inside a newspaper, went missing following his arrest.
“I raised the complaint, Your Honour, but I did not receive any assistance,” Odhiambo told the court.
The investigating officer informed the court that the allegation had been reported to the Officer Commanding Station.
The court directed the duo to be remanded at the police station. The case shall be heard in October.