Caught in a Traffic Case. Next Time I'd Rather Take My Chances With the Police
On or around January 11, as I was riding towards Donholm from Outering Road, I decided to refuel at a Shell petrol station near the Kariobangi roundabout. No sooner had I finished refuelling than I was approached by two seemingly goon-like fellows asking where my reflector jacket and license were.
Mind you, these people were not in police uniform and were not readily identifiable as officers. On top of that, I was wearing full protective gear (including gloves, knee guards, etc.), and my canvas riding jacket has reflective straps attached to it. Naturally, I lashed back, saying they were not traffic officers, I was not obliged to submit to them, and I already had reflective clothing on.
I realized much, much later that these guys were off-duty AP cops. By this time, they had clearly decided that I would be the one putting dinner on their table. They told me I had two choices: either produce a reflector jacket or part with a 2k bribe. I had my Insta360 recording video and audio in real time and uploading it. So I knew that if they were really police officers, I could easily beat the case.
Nikawaambia I ain't giving them shit, so they might as well take me to the police station and book me. I also refused to give them my keys, since it’s a 900cc bike and not everyone can handle it. So if they were serious about going to the station, they would have to push it there. The crazy thing is they accepted my challenge, despite knowing I had video evidence of the illegal acts they were committing. One officer didn’t even mince his words, saying something along the lines of, "To fuck out you have, and to find out you will."
And true to that, I did. They managed to push the 230 kg bike for roughly 1.5 km to the police station. As soon as they had me disconnect my camera, I was briskly whisked to the cell. I have to admit, this caught me off guard. By law, minor traffic offences require that I be given a notice to attend court or pay bail, which is refunded once one appears in court. I did not expect detention, and this was clearly an infringement of my rights.
They had a hard time fitting me into the cell, but they eventually did. I ended up being a guest of the state, all without even being booked or given a chance to communicate with anyone outside.
The next day, I was bundled into an Uber alongside other detainees and hauled to Makadara Law Courts. After a long day, my case finally came up for plea taking, and to my utter surprise, I had three charges: failure to wear a reflector, failure to produce my driver’s license, and wilfully resisting arrest. I rejected all the charges, and the magistrate let me out on a 10k bail.
Anyone who has appeared at Makadara for plea taking knows that, either by design or incompetence, the financial registry systems are always lagging. So despite paying the bail amount by around 1 p.m., the receipts had not reflected by the time the Industrial Area remandee bus arrived at 5 p.m. Without a receipt, I could not be released, so I had to spend yet another night locked up. This time at Industrial Area, with some hardcore criminals, but also many innocent folks like me.
The experience was horrendous, to say the least. To cut the long story short, today was my sixth time appearing in court. Every single month the case comes up for mention, the prosecution asks for an adjournment. Throughout this period, the officers have never shown up, nor have they tendered their witness statements. The prosecution also does not have a file, and without it, the case cannot proceed, hence the adjournments.
There is little the magistrate can do to force the prosecution to move forward. The Office of the DPP is independent, meaning no government entity can compel it to act. The court is essentially held at ransom. The case cannot be dismissed under section 206 of the CPC since the prosecutor, who is also treated as the complainant in state-only cases, is always present. It also cannot be withdrawn under section 304 of the CPC, since that would require the prosecution to have closed its case and the magistrate to have found that I have no case to answer.
The only other option is for the prosecutor to withdraw the case under section 87(a) of the CPC. The problem is that I can always be recharged using the same facts. The previous prosecutor hinted at this but expected me to fork out a 5k bribe. I declined, and she went on to delegate my case to another court and prosecutor, as the previous magistrate was getting annoyed with the pointless adjournments. I have objected countless times, but the magistrate’s hands are tied. Filing an injunction at the High Court for abuse of court process is an option, but it’s costly with no real returns. Reporting the officers to IPOA is another headache, since I don’t have a judgment to rely on to strengthen my complaint.
So here I am, with no end in sight. The rogue officers will obviously never attend trial, since they are on video soliciting bribes. They were also not in uniform, which goes against the code of conduct for traffic stops. I could not have known they were officers, so there was no wilful resistance. I was denied bail. The list of illegalities goes on.
What shocked me today was seeing traffic cases that have been ongoing since 2021 still proceeding. Almost five years later, a case on obstruction is yet to be concluded. I feel completely defeated. I honestly regret not just paying the bribe even though I was right. Next time I find myself in such a situation, I will most likely just give the bribe. It’s far easier than seeking justice in our corrupt system.