- “You will sign the instruments of personal bonds and bind yourself that you will attend presiding court until the case you have is finalized”, said Nyakundi.
- He said even though the matter was in a lower court the accused had jurisdiction to hear a petition in which the youth were seeking to have their bond terms reviewed.
Image: MATHEWS NDANYI
The High Court in Eldoret has freed nine youths charged before a lower court for allegedly stealing from Kapseret MP Oscar Sudi’s Timber Xo club in Eldoret during the Gen Z protests.
Justice Reuben Nyakundi ordered that the youth who have been in custody for over two months be each released on a personal bond of Sh100,000 without security.
“You will sign the instruments of personal bonds and bind yourself that you will attend presiding court until the case you have is finalized”, said Nyakundi.
He said even though the matter was in a lower court the accused had jurisdiction to hear a petition in which the youth were seeking to have their bond terms reviewed.
On Monday Nyakundi had directed the youth to file affidavits proving that they are unable to raise Sh300,000 bond each imposed by a lower court.
Lawyer Kaira Nabasenge told the court that the youth had filed individual affidavits indicating that they are from poor families and can not raise the bond required as ordered by a lower court.
The nine youths were unable to raise the Sh300,000 bond terms each or cash bail of Sh200,000 each to enable them to earn 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 wanted their bond terms reviewed so that they were given personal bonds a prayer which the judge agreed with them.
The youth who have been freed include 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 same offences but seven of them managed to raise the bonds at the lower court and had been released.
Nabasenge had told the judge that the youth are currently facing charges in Eldoret Chief Magistrate court vide Criminal Case No E1453 of 2024 which charges are related to nationwide demonstrations that took place on June 25, 2024.
Nabasenge had argued that President Ruto had since directed that all those who were arrested because of the aforesaid demonstrations be released from detention.
“It is in the interest of justice that the applicants be released forthwith following the said directives by the president,” Nabasenge said.
In the lower court, the youth are accused of stealing goods including alcohol totalling Sh78 million, as well as malicious property damage valued at more than Sh80 million.
They denied the charges.