In a major legal victory for 42 young Kenyans arrested during recent maandamano protests, the High Court in Thika has granted them a reprieve by drastically reducing their cash bail from Ksh. 100,000 to Ksh. 30,000 each.
The ruling, delivered by Lady Justice Florence Muchemi, followed a spirited application by a formidable legal team led by Embakasi East MP Babu Owino and advocates Abner Mango, Pius Oyoo, Noordean Khagai, Wanjira Maina and James Ong’amo.
The team challenged what they termed an “excessive” bail set by the lower court, arguing that the robbery with violence charges against the accused were weak and “limping.”
The suspects, mostly youth, were arrested during the most recent wave of anti-government demonstrations and slapped with serious charges that their lawyers insist do not hold water.
“The Constitution has won again. Justice has prevailed,” said MP Babu Owino, hailing the ruling as a step forward for civil liberties and due process.
The decision is not only a reprieve for the accused but also a significant reaffirmation of the principle of fair bail terms and a blow to attempts to criminalise dissent.
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