The courts have revised the bond terms for Jonathan Mutua, a man who was charged with breaking into and looting goods worth KSh37 million from a club in Eldoret, Uasin Gishu County.
Mutua’s bond terms were reviewed following a public uproar by a section of Kenyans who thought that the courts were harsh and not fare to him.
Initially, he had been released on a KSh10 million bond, with no option of cash bail.
But after intervention of different interested groups — led by Embakasi East MP Babu Owino — Justice Wananda John Robert Anuro on Wednesday, July 3 released the suspect on a bond of KSh150,000 with one surety and an alternative cash bail of KSh200,000.
Mutua is suspected to be among a group of youth who broke into and looted Baniyas Club Square in Eldoret, Uasin Gishu County, in June 25 during the anti-Finance Bill protests.
He was arrested on June 26. But when he was arraigned on Tuesday, July 2, reports said that he had been charged with stealing goods worth KSh37 million, among them 181kg of goat meat.
This sparked a public uproar, with Kenyans arguing that releasing the suspect on a bond of KSh10 million for stealing the meat valued at KSh200,000 with no option of cash bail was not logical.
The Judiciary had to come out and clarify that the 29-year-old was charged with “breaking into a building and committing a felony contrary to Section 306 (a) of the Penal Code on 25th June 2024.”
Jonathan Mutua charge sheet
The charge sheet further reads that together with others not before the court (because investigations are still ongoing), they broke into the club and stole items whose total value is over KSh37 million.
Some of the listed items that were stolen from the club 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.
Mutua, Judiciary says, is also facing an alternative charge of handling stole property contrary to Section 322(1)(2) of the Penal Code.
The Charge Sheet reads that in the course of stealing, one Mr. Jonathan Paul Mutua dishonestly retained one 12 channel sound craft mixer, one mini pearl controller DMX and one HDMI box, knowing clearly that they were stolen goods.
“The magistrate exercised discretion and granted bond of Ksh. 10 million in view of the total sum of Ksh. 37 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 says.
Public uproar
“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,” prominent lawyer Nelson Havi said.
Others argued why a common mwananchi would steal 181kgs of meat and granted with a bond of KSh10 million, yet senior government officials have committed worse offences and have been released on a much less bail terms.
“What is this? A Pastoralist steals 181kgs of meat and bond is 10 million. An MP accused of killing a boda boda guy is released on 1m cash bail & the guy who left with the mase (mess) at bunge on sijui 3k. Kuna formula for these things ama judges hu guess tu?” Mohammed Weliye wondered.
