Ezekiel Kyama Nzyoki, popularly known as "Mr Speaker Sir," has been released on a personal bond of Sh100,000 after pleading not guilty to charges of unlawfully accessing Parliament Buildings and causing malicious damage to property worth Sh41.2 million during the June 25, 2024 Gen Z demonstrations.
Milimani Senior Principal Magistrate Caroline Mugo ordered Kyama, a Kenyatta University fourth-year student, released on Monday, finding that the prosecution had failed to demonstrate any compelling reasons to deny him bond despite the seriousness of the charges.
"The issue before the court is simple. The Constitution guarantees every accused person the right to reasonable bail unless there are compelling reasons," Magistrate Mugo ruled.
"In this case, indeed there are no compelling reasons, since the prosecution has conceded to the grant of bail and bond."
The court further directed that the accused execute a personal bond of Sh100,000 and provide one surety of a similar amount before his release.
Kyama was arraigned before the Milimani Law Courts on two counts of unlawfully accessing the precincts of Parliament contrary to the Parliamentary Powers and Privileges Act and malicious damage to property contrary to Section 339(1) of the Penal Code.
According to the charge sheet, Kyama allegedly entered Parliament Buildings without lawful authority on June 25, 2024, during the anti-government Gen Z protests.
The prosecution further alleges that he, jointly with others not before the court, wilfully damaged building works, perimeter fencing, the mausoleum flag post, furniture, ICT equipment, television screens, kitchenware, vehicles and electrical installations belonging to the Parliamentary Service Commission.
The damaged property is valued at Sh41,248,570.
While opposing the release of the accused on lenient bond terms, the prosecution argued that the charges were serious and urged the court to consider the magnitude of the alleged damage.
The prosecutor submitted that the amount reflected in the charge sheet represented the total damage allegedly occasioned by Kyama together with other suspects who are yet to be arrested.
However, the defence urged the court not to be swayed by the value indicated in the charge sheet, arguing that the accused was neither a flight risk nor likely to interfere with investigations.
Among those appearing for the defence was Embakasi East MP Babu Owino, who described the figures contained in the charge sheet as exaggerated.
"The figures in the charge sheet are exaggerated, and the court should not be swayed in granting bail," Owino submitted.
"Your honour, this court should not think that only one glass that was destroyed at Parliament during the 2024 Gen Z protests is worth about Sh3,000," MP Owino told the court, insisting that the valuation relied upon by the prosecution should not influence the court's decision on bond.
The defence also informed the court that Kyama is a Kenyatta University student and whistleblower who has consistently exposed alleged government illegalities and urged the court to uphold his constitutional right to liberty. In her ruling, Magistrate Mugo emphasised that granting or denying bond should not be based solely on the nature of the offence.
"Granting bail solely with the consideration of the nature of the offence will be tantamount to the court presuming the accused guilty until he is proven innocent, which will be an affront to the Constitution," she ruled.
The magistrate noted that there was no evidence before the court showing that Kyama was a flight risk or would fail to attend court if released.
"If this was the case, the investigating officer would have filed an elaborate affidavit on the subject," she observed.
The court also took into account the accused's personal circumstances after being informed that Kyama is a fourth-year student at Kenyatta University who is expected to graduate later this year.
The defence further submitted that he comes from a humble background and that imposing excessive bond terms would jeopardise his education and delay his graduation.
Magistrate Mugo also questioned the valuation relied upon by the DPP and DCI, noting that no valuation report had been produced before the court to support the figure of Sh41.2 million.
"There is no valuation report to justify the amount as quoted in the charge sheet. This cannot therefore be a basis for bail consideration," she ruled.
The magistrate further observed that the charge sheet alleges the offences were committed jointly with others who are not before the court, adding that Kyama's individual role had not been quantified.
"The alleged participation of the accused person by himself has not been quantified, so he cannot be left to shoulder the burden of the others who are not before the court," she said.
Having considered the prosecution's position, the defence submissions, and the constitutional presumption of innocence, the court found that reasonable bond terms were appropriate and ordered Kyama's immediate release upon fulfilment of the bond conditions.
The prosecution was also directed to supply the defence with the charge sheet, witness statements and all documentary evidence it intends to rely on during the trial.
The case will be mentioned on July 14, 2026, for a pre-trial hearing.
