The judiciary has issued clarification on a court case in Eldoret where a protester was charged and released on a 10 million Kenyan shilling bail.
In a statement issued on Tuesday evening, July 2, 2024, the judiciary said the protester has been charged with theft of goods worth Ksh 37 million.
According to reports on Tuesday, July 2, 2024, Jonathan Paul Mutua was reportedly granted a bail of 10 million Kenyan shillings by a court in Eldoret after he was accused of stealing 181 kilograms of goat meat during the protests on June 25, 2024.
The judiciary said Mutua was charged with “burglary of a building and committing an offence contrary to Article 306 (a) of the Criminal Code on June 25, 2024”.
“Contrary to reports in sections of the media, the case before the Eldoret court was not about 181kg of goat meat as alleged. According to the chargesheet, one Mr Jonathan Paul Mutua was charged with burglary of a building and committing an offence contrary to Section 306 (a) of the Penal Code on June 25, 2024,” the statement said.
In the explanation, the judiciary states that Mutua and his accomplices entered a club and stole items with a total value of more than 37 million Kenyan shillings.
The stolen goods include screens, electronics, sound system, kitchen equipment and gas bottles, office equipment, computers and printers, restaurant furniture, freezer, microwave, cutlery, various types of meat, food and drinks.
“The charge further alleges that they together with others who were not before the court (as investigation is still ongoing) entered a club and stole items according to a list provided which total value is over Ksh37 million. The said list includes screens, electronics, sound system, kitchen appliances and gas cylinders, office equipment, computers and printers, restaurant furniture, freezer, microwave, kitchen utensils, assorted meats, food and drinks,” the judiciary said.
Mutua also faces an alternative charge of handling stolen goods, contrary to Section 322(1)(2) of the Criminal Code, as he “dishonestly concealed a number of electronic items relating to the sound system, which are expressly specified”.
According to the judiciary, the magistrate granted bail of 10 million Kenyan shillings based on the value of the goods stolen during the incident.
“The magistrate exercised discretion and granted bail of Ksh10 million, considering the total amount of Ksh37 million. The case 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.
The theft took place at the Baniyas Square club on the outskirts of Eldoret, during the deadly protests on Tuesday, June 25, 2024.
The case drew criticism from Chief Justice Martha Koome over the size of the bail imposed on a protester.
Attorney Nelson Havi is one of those who criticized the judiciary over the case.
Havi, in a statement released via his official X account on Tuesday, July 2, 2024, said the theft of 181kg of goat meat valued at about Ksh200K would not possibly attract a bail of Ksh10 million, without the option of a cash bail.
“CJ Martha Koome, theft of 181kg goat meat worth about 200K attracts a surety of Kshs 10M without option of cash bail! Don’t you see a fundamental problem in that? For your information, the former governor who stole Kshs 1B school children’s money was released on a cash bail of Kshs 1M,” Havi argued.
