Victor Kinuthia, a matatu conductor in Nairobi, is a happy man after being acquitted by a Kibera court following his arraignment over fabricated charges.
The Star on Monday, September 23, reported that the conductor had been arrested on Waiyaki Way alongside other touts for violating traffic rules on March 13, 2019.
It is alleged that the other touts pleaded guilty to the misdemeanors that they had been charged with and they were fined and released, but Kinuthia opted to carry on with the case to its conclusion.
Prosecution witness, Corporal Richard Otieno from Kabete Police Station is reported to have told the magistrate that Kinuthia was arrested for failing to wear the required conductor's uniform.
"I arrested the accused person and gave him notice to attend court. It is the law that while operating as a conductor in a matatu, you are required to put on maroon apparel," Otieno told the court.
The Star reported that Kinuthia reached into his bag and produced a photograph, and then notified the court that his arrest had been motivated by personal disagreements with the police officer and not a quarrel over the uniform.
He further claimed that the police officer had threatened him with arrest when they couldn't reach an agreement, and it was then that he requested permission to consult the driver of the matatu.
"I used that opportunity to take a selfie using the driver's phone. In the photo as you can see, I was dressed in a tout's full gear," he was quoted.
He further claimed that he had recorded the exchange between him and the police officer on his phone, and was ready to submit it if the court was interested in reviewing it.
He clarified that he went to such great lengths to encourage other touts not to own up to mistakes that had been falsely attributed to them just to avoid been arraigned by rogue traffic cops.
Senior Principal Magistrate Esther Boke ordered the immediate release of Kinuthia, stating that he had given more than enough evidence to prove that he was in uniform on the date of his arrest.
