Protesters charged with theft, malicious damage to property

 At least 44 people were arraigned in Migori County,, out of which 27 were arraigned at Rongo Law Courts, while 17 were at Migori Law Courts. [iStockphoto]

People arrested during the anti-government protests last week were charged in various courts across the country, with others being released on police bond.

The State preferred charges against the accused persons, ranging from theft, malicious damage to properties, robbery with violence and being in unlawful assembly for those who pleaded not guilty. In Migori County, at least 44 people were arraigned, out of which 27 were arraigned at Rongo Law Courts, while 17 were at Migori Law Courts.

The protestors were charged separately with various offences such as malicious damage to property, illegal demonstrations, and causing obstruction on the road.

They were released on a bond of Sh200,000 and an alternative cash bail of Sh50,000 each. In Homabay, Kagan Member of the County Assembly (MCA) Hamilton Odhiambo, who had been arrested, was released on a police bond. Odhiambo will appear in court today.

“I was released on police bond, but I am going to appear in court on Tuesday. I still do not know the charges I should answer,” Odhiambo said.

In Nakuru, seven people were set free after the prosecution told the court there were no charges against them.

Prosecutor Oscar Lumisi told Chief Magistrate Bildad Ochieng that the prosecution would not prefer charges against Peter Omondi, John Mungai, Geoffrey Kiptoo, Daniel Ashiembi, Blackberry Karuri, Derick Mbugua, and Dorine Awinja.

The seven had been in custody at Kaptembwa Police Station for five days, as police investigated them for robbery offences that occurred during the Azimio protest that began on July 7, 2023.

However, Sergeant Geoffrey Ngaira said investigations secluded all of them from offences of robbery with violence and malicious damage to properties. “The investigations are complete, and we do not intend to charge the suspects with any offence,” submitted Ngaira through the prosecution. “The suspects are set at liberty unless otherwise lawfully held,” ruled the court.

The seven were being investigated for vandalism of road guardrails, and street lights, and theft at several shops, all estimated at the value of Sh400,000.

They were also suspected of violently robbing motorists of their valuables on July 12, 2023, at Mazembe in Kaptembwa, Nakuru West Sub County, within Nakuru County.

According to the investigating officer, the suspects were allegedly caught on CCTV cameras, and after a tip-off, the police arrested them on July 18, 2023, at their alleged hideout in Mazembe. At the same time, 16 other suspects are being detained at Kaptembwa Police Station, as police investigate them for theft, malicious damage to properties, and robbery with violence.

The 16 will appear before Magistrate Ochieng on July 28 and the police will decide whether to prefer charges against them or not. On July 14, two Nakuru Jubilee party top officials were charged with malicious damage to property. They allegedly damaged a metal grill fence belonging to Golden Life Mall in Nakuru. Jubilee Secretary General Jimmy Wamakabu and Women League Assumpta Muiruri denied damaging the fence estimated to be worth Sh50,000.

Flight risk

The officials allegedly, jointly with others, committed the offence on July 12 at Kolen in Nakuru West Sub County. Their Lawyer, Steve Biko, applied for their release and said they were not a flight risk. He said they would avail themselves before the court when needed.

The two are out on a bond of Sh20,000 with a surety of a similar amount. Their case will be mentioned tomorrow. These are some of the documented cases, with the police stating that they arrested over 80 people last week.

Kisumu Law Society of Kenya Chairperson Dorcas Oluoch had indicated the society would offer free legal services to those arrested for participating in the demonstrations and victims of police brutality in the region.

By Monday afternoon, no suspect had been presented in any of the courts within Kisumu County. Oluoch said they were waiting for the arrested persons to be arraigned.

 [Daniel Chege, Anne Atieno, James Omoro, Clinton Ambujo]