• For two month now, the nine have been unable to rise the Sh300,000 bond terms each or cash bail of Sh200,000 each to secure their freedom.
Image: BY MATHEWS NANYI
The High Court in Eldoret has directed nine accused of stealing from Kapseret MP Oscar Sudi’s Timber XO club to file affidavits proving they are unable to raise Sh300,000 bond for their release.
Justice Reuben Nyakundi made the directive after lawyer Kaira Nabasenge told the court the accused had filed a joint affidavit indicating they are from poor families and cannot raise the bond.
“You will have to file individual affidavits indicating the situation of each of them because they are not from the same family to have one affidavit for all of them,” the judge said.
For two month now, the nine have been in custody for being unable to raise the Sh300,000 bond each or cash bail of Sh200,000 each to secure their freedom.
Through lawyer Nabasenge, they filed a petition at the High Court in Eldoret pleading to be freed as directed by President William Ruto and have the case terminated.
Alternatively, they want their bond terms reviewed so they are given personal bonds.
The accused are Alfred Oloo, Ferdinand Lubisa, Annex Bornway, Martin Kabugi, Gideon Kiplimom, Joshua Majimbo, Brian Kimeli, Daniel Luta and Brian Rotich.
They were among 16 charged with the offence, but seven raised the bond and were released.
The youth are facing six charges including stealing, handling stolen property and malicious damage to the property of Timba XO Club on June 25 during Gen Z demonstrations in Eldoret.
They are accused of stealing goods, including alcohol, worth Sh78 million. They are also accused of malicious property damage valued at more than Sh80 million.
Nabasenge told the judge the youth are facing charges at the Eldoret chief magistrate court's in relation to the protests.
“The applicants in custody are unable to meet the said bonds terms since they are youthful Kenyans aged between 23 and 27 and with no means or income and hail from humble backgrounds," the lawyer argued.
He said they have been in custody since the date of arrest that is on or about June 28.
The lawyer said the chief magistrate’s court had earlier granted the applicants personal bond of Sh1.25 million each, pending further investigations.
He argues the bond terms are harsh and unfavourable.
“It is in the interest of justice that the bond terms be reviewed and consequently the applicants be granted personal bond terms on favourable terms,” he said.
But the prosecution, through Mark Mugun, said they have not been served with the application at the High Court and Nabasenge has not made an application at the lower court seeking review of the bond.
“It’s premature to bring such an application to the High Court when he has not asked the trial court to review the bond terms it had issued,” he said.
Mugun said the High Court has no powers to withdraw the case and he has not received orders from the ODPP over the same.
Nabasenge, however, said the High Court has jurisdiction to hear their application even if they have not filed it at the lower court.
Justice Nyakundi directed that the case be mention on Thursday for further directions.