Court grants bail to two Gen-Z teens arrested during demos
Fourteen out of sixteen Gen-Z youth accused of stealing and destroying property at Timba XO club associated with Kapseret MP Oscah Sudi estimated at Sh150 million will have to wait a little longer to taste freedom even after they were granted a Sh300,000 bond or cash bail of Sh200,000 each by an Eldoret court.
This was after the anti-government protesters failed to raise the amount to facilitate their freedom in a ruling that was delivered by Principal Magistrate Cheronoh Kesse 10 days ago.
Only two high school students aged between 17 and 18 who were among the anti-Finance Bill 2024/25 protesters managed to secure their freedom after the magistrate granted them a Sh100,000 personal bond after spending 15 days at the Eldoret GK remand Prison.
They were arrested by sleuths after deadly anti-government protests in Eldoret town on June 25 that led to looting and destruction of property at the famous club which is located at Annex area along the busy Eldoret-Nakuru highway.
The accused persons among them college and university students include Vincent Mosoti, Sheila Rotich, Ferdinand Lubisa, Annex Bahati, Erick Mulamba, Brian Kimeli, Martin Kabugi, Alfred Aloo, Daniel Luta and Stephen Omondi.
Others are Joshua Majimbo, Amon Kiprotich, Simatwa Moses, Brian Rotich and Amon Lenny.
Bond application
The court was jammed with parents, relatives and friends of the accused persons from as early as 10am during the hearing of their bond application.
It was not until 3.30pm when the magistrate made the ruling on bond application fficers during the demonstration that paralysed all business in the region.
“I am guided by the High Court decision in Eldoret HCCRREV/E308/2024 – Jonathan Paul Mutua versus ODPP where Justice Reuben Wananda gave bond terms of Sh150,000 to an accused person who had been charged with theft of property worth Sh37 million,” the magistrate noted in her ruling.
She was referring to a case that led to an uproar by Kenyans after the accused was granted Sh10 million bond by the lower court, forcing the Judiciary to intervene.
“I hereby grant each of the accused persons a bond of Sh300, 000 with an alternative cash bail of Sh200, 000,” said Kesse.
Earlier on, the prosecutor, Sylvester Thuo, had told the court that mobile phones confiscated from the accused persons after they were arrested would be handed back to them, adding that only two phones would be retained and subjected to forensic analysis by the Anti-Terrorism Police Unit in Nairobi.
He further brought to the attention of the court that they are set to line up 13 prosecution witnesses against the accused persons during the trial of the case.
charges
Sixteen youth have been charged before an Eldoret court with stealing from the club – and malicious damage to property of Timba XO club, all valued at more than Sh150 million.
The Gen-Z have denied the charge and a second one of malicious damage to property.
Malicious damage
The youths denied counts of committing a felony – stealing from the club – and malicious damage to property of Timba XO club, all valued at more than Sh150 million.
The particulars of the charge read that during the incident, the accused stole 11 sound speakers, flat-screen televisions, lighting effects, assorted foodstuff, assorted alcoholic drinks, laptops, assorted kitchen utensils, and gas cylinders among other goods all valued at Sh78,896,560 all property of Timba XO lounge.
They also faced a second charge of malicious damage to property which included offices, CCTV control room, the main club store, alcohol counters, chairs, tables, glasses and assorted electronics all valued at Sh80 million.
A section of the suspects also faced alternative charges of handling stolen goods. The magistrate directed that the matter come up for pre-trial on August 1.