Magistrate frees 3 accused of violating social distance rule
A magistrate has rebuked police for arresting and charging three people for violating the Covid-19 social distance rule.Kevin Onyango Ndungu, Joseph Olare Omondi and Christopher Muchai were charged with failing to observe the one-metre social distance when they attended a meeting at Twiga Towers.The three were also accused of resisting arrest and assaulting police Constable David Siyuyu on August 9. They have denied the charge.The suspects protested before Milimani Chief Magistrate Francis Andayi that their rights had been violated.“I urge this court to take judicial notice that the government has relaxed the observance of Covid-19 protocols by allowing public service vehicles to resume carrying commuters to full capacity,” Mr Omondi said.Having heard the mitigation, Mr Andayi quashed the charge of failing to observe social distance and freed the suspects, saying, “Police must be in the forefront in understanding the changes announced as far as social distance rules are concerned.”In his ruling, Mr Andayi said police could not charge persons for failing to observe social distance when public transporters have been allowed to violate that protocol.On the charge of assaulting a police officer, the magistrate granted the accused cash bail of Sh10,000 each.The trial will be mentioned after two weeks BY DAILY NATION
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