A 32-year-old man has been charged with committing an indecent act with an adult after allegedly touching a female police officer’s breast during a raid at an illegal liquor den in Makongeni, Nairobi.
Erick Kibagendi is facing charges of intentionally touching the police officer’s right-hand breast without her consent, which is in violation of section 11(a) of the Sexual Offences Act of 2006.
The suspect is also accused of assaulting a police officer on duty, contravening section 103(a) of the National Police Service (NPS) Act of 2011. He allegedly assaulted Police Constable Rodgers Wandera, who was on duty at the time.
Kibagendi faces an additional charge of resisting arrest by a police officer, a violation of the NPS Act. It is alleged that he refused to comply with the arrest attempted by PC Wandera and two of his female colleagues.
The court heard that PC Wandera and his colleagues were conducting a patrol in the vicinity when they received information from the public regarding a residence where individuals were partaking in busaa.
The officers then proceeded to the said location and found drunk individuals, among them Mr. Kibagendi. While the male officer conducted a search of the premises, his colleagues remained stationed at the entrance.
Kibagendi is said to have approached the door where the female police officers were stationed and allegedly touched one of them on her breast. When questioned about this indecent assault, he reportedly threatened the officers.
The accused allegedly challenged the officers, daring them to take any action they could, and warned them that they would not be able to make any arrests at the den.
During an attempt to handcuff him, Kibagendi allegedly resisted and struck PC Wandera with a blunt object, injuring his hand.
The officers eventually managed to subdue and arrest him before booking him at Makongeni Police Station.
Appearing before Makadara Law court on Monday, the accused denied the charges. He told Senior Principal Magistrate Hellen Okwani that he was too drunk to assault the police as alleged.
He also informed the court that he has no memory of the incident and that he lost Sh6,500 during the arrest.
Magistrate Okwani granted him Sh50,000 bail. The case will be mentioned on November 22, with the commencement of the trial set for February 20, 2024
