Court frees driver in 'beat me like chapati' drama with police

The High Court has ordered the release of a driver jailed for five years after he admitted to issuing a threat to kill

Justice William Musyoka found that the claim by two police officers against Stephen Mwangi could not support a charge of threatening to kill.

Mwangi was arrested on June 12, 2022, at the Customs Yard, in Busia County. He was accused of telling Chief Inspector Richard Oeri and Police Constable Gilbert Ngeno that ‘nitawagonga muwe chapati’ (Will beat you up to be like a chapati).

The two officers claimed that was a threat to kill. However, Justice Musyoka said that the words would mean he was to hit them badly instead of killing them.

“In the first place, what does the phrase, “Nitawagonga muwe chapati,” mean? A literal translation of it would be that he would hit them until they were like chapati.

 “Nitawagonga muwe chapati,” would that be a threat to kill? I do not think so. It would simply mean that he would beat them very badly.

The judge observed that the charge also contradicted the facts written in the typescript read that ‘nitwangeni kama chapati’ (beat me like a chapati).

He said, that the record indicated Mwangi was instead imploring the officers to beat him like a chapati.

“The question is, was the appellant responding to the facts as set out in the charge sheet or as stated orally in court?  There was a cloud of ambiguity and lack of clarity around what the appellant allegedly said to those officers, based on what was stated in the charge, and what was read out in open court,” said Justice Musyoka.

Mwangi was handed five years in jail on July 5, 2022, by the magistrate’s court after he admitted to the charges. However, he moved to the High Court on appeal.

Mwangi told Justice Musyoka that although he pleaded guilty, he was drunk at the time he was arrested. He further argued that the arresting officers mis-advised him.

The driver also pleaded for leniency, adding that he was remorseful and a first-time offender. The man vowed to be a law-abiding citizen.

Justice Musyoka observed that Mwangi appeared not to have an issue with the conviction, instead, he was asking the court to revisit the sentence.

He however said Mwangi should not have been charged with threatening to kill.

“I am not persuaded that the charge disclosed an offense, under section 223(1) of the Penal Code, in the first place, and the appellant should not have been asked to plead to it. Secondly, the trial court, if it was persuaded that there was a proper or valid charge before it, should have been cautious with recording the guilty plea, as the facts, as read out to the accused, were not aligned to those in the particulars,” said Justice Musyoka.