Police Headquarters wishes to correct an erroneous impression created in a news story in a section of the Press today under the headline: “Prosecutors accused of abusing human rights.”

The story is based on comments the writer attributes to Kitui Senior Resident, Mr. Evans Makori who blames police for congestion in remand because mugging is charged as a capital offence by Police prosecutors.

Mugging, otherwise notoriously known as ‘Ngeta’ is characterized by the use of force to the extent of near strangulation of the victim. The gangs of skilled thugs involved often steal everything from their victim including items of clothing. The very nature of the ‘Ngeta’ hold is to immobilize the victim and prevent resistance.

More importantly, the law under which mugging can be charged as an offence is ‘Robbery contrary to section 296 (2) of the Penal Code CAP 63 of the Laws of Kenya.’ The police prosecutor has no discretion over this fact.

In the offence of robbery under section 296 (2, the basic ingredients are:
• The involvement of more than two persons during the offence or,
• The use of force or the threat of force immediately before, during or immediately after the robbery
• The force is used to effect the robbery or to suppress resistance by the victim or prevent recovery of the items robbed off

Even from the dictionary definition, mugging includes ‘to attack, assault, and robbery’.

Our prosecutors are therefore well within the law in charging muggers with capital robbery and this does not infringe on anyone’s human rights. That is the law.

(GIDEON M. KIBUNJAH) SSP
FOR: COMMISSIONER OF POLICE