12 suspects arrested over allegations of violent disturbances that erupted during an empowerment programme in Kuresoi North were released on bail after a Nakuru court declined a prosecution request to detain them for 21 days pending investigations.

The suspects, who are facing allegations of arson, assault and malicious damage to property, were granted a cash bail of Sh 20,000 each or a bond of Sh 50,000 each.

In the ruling delivered on Monday, the court found that investigators had failed to present satisfactory evidence to justify continued detention of the accused.

The application filed by DCI Kuresoi North through investigating officer Polycarp Magai, had sought orders to hold the 12 for three weeks to complete investigations into incidents that occurred during a public event at Umoja in Kuresoi North, where property was destroyed and several people injured.

Additionally, the investigators noted the suspects are also accused of setting on Fire a minibus and damaging two more vehicles.

The officer sought more days to conduct valuation on the burnt and damaged motor vehicle during the confrontation, to enable the applicants’ record statements of Key Witness who are currently undergoing medication in critical or unresponsive condition.

Suspects arrest over allegations of violent disturbances that erupted during an empowerment programme in Kuresoi North released by a Nakuru court on a cash bail of Sh 20,000 each or a bond of Sh 50,000 each.

Photo credit: PURITY KINUTHIA/ MTAA WANGU

However, the court noted that the investigating officer was unable to directly link the suspects to the offences at this stage.

“The applicant contends that the respondents jointly with others not yet arrested participated in setting fire to motor vehicles and other property. However, upon cross-examination, the deponent conceded that the meeting in question was attended by between 500 and 800 people, presenting difficulty in placing specific individuals at the scene as perpetrators," the court ruled.

The court further observed that none of the suspects was arrested at the scene and that they were apprehended later in the area, weakening the prosecution's argument.

"The court is therefore left without any evidentiary foundation upon which to rely on the same intelligence," the ruling stated.

On claims that the suspects were flight risks, the court found that the prosecution had not presented evidence showing that they lacked fixed residences or were likely to abscond.

Citing Article 49(1)(h) of the Constitution, which guarantees arrested persons the right to bond or bail unless compelling reasons exist, the magistrate ruled that the prosecution had failed to demonstrate grounds sufficient to limit the suspects' rights.

"The evidence presented remains speculative and insufficient to justify curtailment of their right," the court held.

While declining the 21 days detention request, the court ordered the suspects to report to the investigating officer every Monday, Wednesday and Friday for the next 21 days to facilitate ongoing investigations.

According to a police report filed at Nakuru Police Station, investigations into the June 19 chaos led to the arrest of 56 people. Forty-four were later released due to lack of evidence.

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Purity Kinuthia