A 32-year-old man who allegedly fondled a female police officer’s breast during a raid at an illicit liquor den in Makongeni, Nairobi has been charged with committing an indecent act with an adult.
Erick Kibagendi is accused of intentionally touching the police officer’s breast without her consent in contravention of section 11 (a) of the Sexual Offences Act of 2006.
The accused person is also accused of assaulting a police officer on duty contrary to section 103 (a) of the National Police Service (NPS) Act of 2011 where he is accused of beating up police constable Rodgers Wandera who was on duty at the time.
Mr Kibangendi is also facing an additional charge of resisting arrest by a police officer contrary to the NPS Act after allegedly declining to be arrested by PC Wandera and his two colleagues.
PC Wandera and his two female colleagues were on patrol in the area when they received information from members of the public that there was a house where revelers were enjoying busaa – a popular traditional brew.
The officers proceeded to the house and found drunkards including Mr Kibangendi. The male officer went inside to search the house as his two female colleagues kept vigil at the entrance.
Mr Kibangendi is alleged to have proceeded to the door where the female police officers were guarding and allegedly touched one of them on her breast and threatened them after he was asked why he indecently assaulted her.
He is said to have dared the officers to do what they could, warning them that they were not going to arrest anyone at the den.
The three officers attempted to handcuff him but he allegedly resisted and hit PC Wandera with a blunt object on his hand leaving him with a wound.
The officers eventually overpowered and arrested him and took him to Makongeni Police Station where he was detained.
The accused denied the charges before Senior Principal Magistrate Hellen Okwani of the Makadara Law Courts. He told the court he has no recollection of the incident since he was drunk at the time.
The accused also claimed he lost Sh6,500 during the arrest and that he was also injured by the police officers.
He was granted a cash bail of Sh50,000 with the case to be mentioned on November 22, 2023 before hearing starts on February 20, 2024.
