The High Court in Eldoret has released nine youths who had been in custody for over two months, facing charges of stealing from Kapseret MP Oscar Sudi’s Timber Xo Club in Eldoret. The theft allegedly took place during the nationwide “Generation Z” protests on June 25, 2024. Justice Reuben Nyakundi presided over the case and ordered their release on a personal bond of Sh100,000 each, without the requirement for security.
The youths, identified as Alfred Oloo, Ferdinand Lubisa, Annex Bornway, Martin Kabugi, Gideon Kiplimom, Joshua Majimbo, Brian Kimeli, Daniel Luta, and Brian Rotich, had been held after failing to meet the initial bond terms set by a lower court. The lower court had imposed bonds of Sh300,000 or an alternative cash bail of Sh200,000 for each accused individual. However, these amounts were beyond their financial means, leading them to seek a review of the bond terms through their legal representation.
Legal Process and Arguments
The youths were facing charges in Eldoret Chief Magistrate’s court under Criminal Case No. E1453 of 2024. They were among 16 individuals accused of involvement in looting and damaging property at the Timber Xo Club, with the stolen goods—including alcohol—valued at approximately Sh78 million, and the damage caused amounting to more than Sh80 million. Seven of the accused had managed to raise the required bond and were released earlier, while the remaining nine remained in custody until the High Court ruling.
Justice Nyakundi, in delivering his decision, noted that the matter was under the jurisdiction of a lower court but accepted the petition from the youths requesting the review of their bond terms. On Monday, Nyakundi directed the youths to file affidavits proving their inability to raise the Sh300,000 bond. Subsequently, they submitted individual affidavits, each detailing their economic hardships and inability to meet the bond requirements.
Lawyer Kaira Nabasenge, representing the youths, emphasized in court that his clients came from poor backgrounds and could not afford the bond or cash bail set by the lower court. Nabasenge further argued that it was unjust to keep the youths in custody when they could not meet the financial terms for their release, especially given the circumstances surrounding their arrests.
Presidential Directive on Demonstration Arrests
One of the key arguments presented by the defense was a directive from President William Ruto, who had called for the release of individuals arrested during the nationwide protests. Lawyer Nabasenge pointed out that the youths had been caught up in the demonstrations and should benefit from the president’s call to have all such detainees released.
“It is in the interest of justice that the applicants be released forthwith following the said directives by the president,” Nabasenge told the court.
Nyakundi acknowledged this argument and granted the youths’ request for personal bonds. He ordered their immediate release, instructing them to sign the required instruments of personal bonds and committing them to appear in court as their case progresses. The youths will be expected to attend all court hearings until the conclusion of their trial.
Context of the Charges
The charges faced by the youths stem from the protests that swept across the country in late June 2024, during which many people were arrested for various offences, including theft, looting, and destruction of property. The Timber Xo Club, owned by Oscar Sudi, was among the properties targeted by looters in Eldoret. The club reportedly suffered extensive damage, with millions of shillings worth of property stolen or destroyed.
The protests, widely described as “Generation Z” demonstrations, were characterized by large numbers of young people demanding change, focusing on issues of unemployment, corruption, and rising costs of living. The unrest spread across several cities and towns, leading to clashes with law enforcement and significant damage to both public and private property.
Release on Personal Bonds
The decision to release the youths on personal bonds brings to an end a protracted legal struggle for the accused, who had been unable to secure their freedom due to the high bond terms. The ruling by Justice Nyakundi marks a significant victory for the defense, as the accused now have the opportunity to continue with their lives while awaiting the resolution of their case.
As the trial continues, the youths will remain free on personal bond, with the court expected to determine their culpability in the alleged theft and property damage at Timber Xo Club.
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