Court acquits man who claimed Police Officer wanted his wife

On a cold July evening in Nakuru’s Free Area estate, police officers on patrol noticed a group of young men loitering.

At the sight of the uniform, the group scattered. One man Peter Kioko Wambui ran into a nearby plot, disappearing into a modest two-roomed house. With the help of members of the public, officers tracked him down, hiding beneath a bed. He was arrested immediately.

He was arraigned before court and charged with being in possession of 25 rolls of cannabis estimated to have a street value of Sh 1,250 cannabis and armed with dangerous weapon that indicated he was armed with the intent to commit a felony namely stealing.

Peter pleaded not guilty to the charges.

During the hearing, Police Constable Kennedy Keya, testified that on material day, he was on patrol with a colleague from Free Area Patrol Base.

“We found a group of men who upon seeing them, ran away. We were able to follow one of them who had entered one of the plots. With the help of the members of the public, we found him while under a bed inside a two-roomed house,” he said while testifying

 “We conducted a search on him and were able to find 25 rolls of bhang from one of the pockets in his short trousers, and a kitchen knife,” he says.

Seargent Zachary Onsongo collaborated his colleague’s testimony and he said after arresting they suspect they took him to the police station and they sent the suspected cannabis to the government chemist for analysis.

In his defense, Peter, stated that he was on his way to work when he encountered some youth who were being chased by police officers. Additionally, he stated the PC Kennedy Keya had a grudge against him.

“Kennedy Keya has been wanting my wife and therefore he had a grudge against me. Upon reaching the police station the cannabis was planted on me and after the police demanded a bribe. Kennedy who wanted my wife told me that I would regret it,” he told the court.

The police constable denied the allegations of coveting Peter’s wife.

While delivering its judgement the court examined the charges against Peter, on the count of preparation to commit a felony and the law requires more than possession of an object that could cause harm.

There must be an overt act, clear conduct showing that a felony was about to be committed.

“Here, the evidence showed only that Wambui ran when police appeared. He had not threatened anyone, attempted theft, or displayed the knife in a criminal manner. A kitchen knife, the court observed, has many innocent uses,” said the magistrate.

On the other charge, the analyst’s report identified the substance as cannabis, the law defines cannabis narrowly.

“Only specific parts of the plant, flowering or fruiting tops are illegal. There was therefore need for the government analyst to clarify which part of the cannabis plant the said plant materials are alleged to have come from given that it could have as well come from the seeds or roots or even stem of the cannabis plant thereby rendering them not illegal,” read the judgement in part.

The court also could not overrule the fact that the evidence of a grudge and that the exhibits herein could have been planted on him.

In the end Peter was found innocent of both the charges.