A Public Service Vehicle conductor who used a selfie picture as evidence to shame a traffic police officer has been acquitted by a court of law.
Appearing before a Senior Principal Magistrate at Kibera Chief Magistrates Courts, John Kinuthia, the accused denied the charges and was acquitted.
Esther Boke, the magistrate, on 20 September, 2019 faulted the prosecution for failing to prove beyond reasonable doubt that the accused had not worn his maroon uniform while at work.
Mr. Kinuthia had been accused of violating Section 103A of the Traffic Act that requires every driver and every conductor of a public service vehicle to wear a special badge and uniform.
He was arrested on March 19 along Waiyaki Way and taken to Kabete police station
Mr. Kinuthia was charged alongside other touts who pleaded guilty to the offence and were released on cash fine. However, the accused opted to proceed with the case to its conclusion.
Corporal Richard Otieno from Kabete Police station was the complainant and the only prosecution witness in the case. He narrated to the court that Kinuthia had violated the traffic laws while working on the Uthiru-City Centre route as he was dressed casually on that material day.
In his defense, the accused produced a photo from his bag and informed the court that the police officer arrested him after they had disagreed on another issue and not over the alleged subject matter of dress code.
The accused informed the court that after the altercation between him and the police officer, the police officer requested to talk to the vehicles driver. It is then that the accused seized the moment and took a selfie using the driver’s phone.
The produced photo revealed that he was in the required dressing. He also added that he could adduce a conversation between them which he had recorded using his phone on the material day.
The Magistrate acquitted Mr, Kinuthia affirming that his evidence had compelled the court and proved his innocence. She directed that the accused to be refunded his Ksh. 10,000 cash bail.
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