The Judiciary has issued a clarification on an Eldoret court case in which a protester was charged and freed on a bond of Ksh10 million.
In a statement issued on the evening of Tuesday, July 2, 2024, the Judiciary says the protester had been charged with theft of items amounting to Ksh37 million.
181 Kgs of meat
Reports had on Tuesday, July 2, 2024, indicated that Jonathan Paul Mutua had been slapped with a Ksh10 million bond by Eldoret court after being charged with stealing 181 Kgs of goat meat during the June 25, 2024 protests.
The Judiciary says Mutua was charged with “Breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code on 25th June 2024″.
“Contrary to reports in sections of the media, the matter before the court in Eldoret was not about 181 kgs of goat meat as alleged. As per the Charge Sheet, one Mr. Jonathan Paul Mutua was charged with Breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code on 25th June 2024,” the statement reads.
Ksh37M theft
In the clarification, the Judiciary says Mutua with his accomplices broke into a club and stole items whose total value is over Ksh37 million.
The items stolen include screens, electronics, sound system, kitchen equipment and gas cylinders, office equipment, computers and printers, restaurant furniture, freezer, microwave, utensils, assorted meat, foods and drinks.
“The Charge Sheet further reads that together with others not before the court (because investigations are still ongoing) they broke into a club and stole items as per a list provided whose total value is over Ksh37 million. The list referred to includes screens, electronics, sound system, kitchen equipment and gas cylinders, office equipment, computers and printers, restaurant furniture, freezer, microwave, utensils, assorted meat, foods and drinks,” the Judiciary said.
Protester’s alternative charge
Mutua also faces an alternative charge of handling of stolen property contrary to section 322(1)(2) of the Penal Code, since he “dishonestly retained some sound system related electronics which are spelled out”.
The magistrate, according to the Judiciary, granted the Ksh10 million bond based on the value of the items that were stolen during the incident.
“The magistrate exercised discretion and granted bond of Ksh10 million in view of the total sum of Ksh37 million. The matter is still active and is therefore sub judice. The Judiciary assures the public of its commitment to upholding the rule of law and the Constitution,” the Judiciary clarified.
CLARIFICATION
Contrary to reports in sections of the media, the matter before the court in Eldoret was not about 181 kgs of goat meat as alleged. As per the Charge Sheet, one Mr. Jonathan Paul Mutua was charged with “Breaking into a building and committing a felony contrary to… pic.twitter.com/pJ9roH1SEi— The Judiciary Kenya (@Kenyajudiciary) July 2, 2024
The said theft happened at club Baniyas Square on the outskirts of Eldoret, during the Tuesday, June 25, 2024 deadly protests.
Judiciary criticised
The case had attracted criticism directed at Chief Justice Martha Koome over the amount of the bond that had been slapped on a protester.
Lawyer Nelson Havi is among the people who had criticised the Judiciary over the case.
Havi in a statement issued via his official X account on Tuesday, July 2, 2024, argued that there is no way theft of 181 kg of goat meat valued at about Ksh200K could attract bond of Ksh10 million with no option of cash bail.
“CJ Martha Koome, theft of 181kg of goat meat valued at about 200K attracts bond of Kshs 10M with no option of cash bail! You do not see anything fundamental wrong with that? FYI, the former governor who stole Kshs 1 B school children money was released on Kshs 1 M cash bail,” Havi argued.
C J Martha Koome, theft of 181kg of goat meat valued at about 200K attracts bond of Kshs 10M with no option of cash bail! You do not see anything fundamental wrong with that? FYI, the former governor who stole Kshs 1 B school children money was released on Kshs 1 M cash bail. https://t.co/W4QuqFlHPi
— Nelson Havi (@NelsonHavi) July 2, 2024