15 linked to exam leakage to spend two weeks in prison

KNEC Chairman Professor George Magoha (center) talks with Kisii County education officials at an examination container at Kisii County Commissioner's office on 12/11/2018.
Fifteen people charged with examination irregularities will spend 15 more days in custody.

Ogembo Senior Resident Magistrate Margret Nafula yesterday sent the suspects back to remand pending a ruling on their bail application.

The suspects, who had been remand at Nyamarambe Police Station since last Tuesday, were brought to court yesterday morning for plea taking.

All the 15 suspects, including Monianku Secondary School principal, deputy principal, the centre's invigilators, supervisor and five others pleaded not guilty to the charges.

They were charged with being in possession of examination materials and aiding in exam cheating contrary to Examination Act, 2013.

The magistrate said she would be away for some days.

She said she will rule on bail application on November 26, 2018.

Bail application

Earlier, defence lawyers Nyambega Mose, Kerosi Ondieki, Sonye Ondari and Stephen Omwega had urged the magistrate to release the suspects on bail or bond terms, saying the prosecution had not shown that their clients could abscond.

“One cannot be a criminal on mere suspicion and anticipation. The suspects remain residents of Kisii County with a permanent place of abode. There are inadequate statements being thrown in this court by the prosecution. Burden of proof cannot be shifted now,” said Mr Mose.

He added: “Neutrality of this matter is to balance the rights of the accused without prejudicing public interests. The insulation of the exam is that the suspects are incapable to interfere with black and white.”

In opposing the bail application, the prosecution team led by Peter Wainaina told the court that the suspects face serious crimes that affect the reputation and integrity of the examination results and the life of thousands of young people.

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