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Police lose bid to detain a bodaboda operator found with narcotic drugs

Ephantus Kariuki Mwangi

Photo credit: COURTESY

Police have lost their bid to detain a boda-boda operator who was arrested while transporting narcotics after the court freed him on Sh 20, 000.

Ephantus Kariuki Mwangi was released on a sh 100,000 bond or an alternative cash bail of sh 20,000 with two contact persons who shall act as sureties.

Kariuki was arrested on January 13 in Nakuru on allegations of ferrying narcotic drugs namely 397 g of suspected heroin and 9 grams of cannabis using a motorbike.

He was arraigned before court on Wednesday, where the police sought to have him detained for seven days to facilitate investigations into the alleged offence.

The Investigating officer told the caught that were yet conclude their investigations before pressing charges against him.

“Further investigations are required to establish the origin and destination of the drugs, identify accomplices and submit the substance to the government chemist for analysis,” he stated.

According to police another suspect has been arrested in connection with the same offense and is in custody awaiting arraignment.

Kariuki however, opposed to the application saying he is a boda boda operator who unknowingly transported a parcel without knowledge of its contents.

He expressed his willingness to cooperate with the law enforcement arguing that the analysis of the substance does not require his presence in custody.

He further denied being a flight risk claiming to have a fixed aboard at Racecourse.

In its ruling the court found the state had failed to demonstrate how Kariuki's release would jeopardize investigations.

“The investigative steps outlined can be undertaken without infringing on Kariuki's’ liberty. Accordingly, the application for continued detention is declined”, says the court.

Additionally, the court directed Kariuki to report to the Officer Commanding Station (OCS) Nakuru Central Police Station every Monday and Thursday until February 9 when the matter will be mentioned.