Three students from Kisumu Boys High School accused of attempting to set fire to a school dormitory have been remanded at Kodiaga Maximum Security Prison after the prosecution opposed their release on bail, citing security concerns.
The students appeared before Principal Magistrate Daniel Kipkorir Chumba at the Kisumu Law Courts, where they were charged with attempted arson contrary to Section 333(a) of the Penal Code.
According to the charge sheet, the three allegedly set fire to Jupiter Dormitory at Kisumu Boys High School on June 8.
The prosecution, through investigating officer Kevin Edwin Ombwoli of Kisumu Central Police Station, urged the court to deny the accused persons bond, arguing that their safety could be jeopardized if they were released.
In an affidavit filed before the court, Ombwoli stated that intelligence reports indicated some parents and students were allegedly planning retaliatory attacks against the suspects following the incident.
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“I pray that this Honourable Court be pleased to deny the accused bail and bond due to the fact that their safety is threatened. It is only in the interest of justice that this application be allowed,” part of the affidavit read.
Defence counsel Steve Odumbe opposed the application, challenging the prosecution to provide evidence supporting the alleged threats.
Odumbe questioned whether the investigating officer had presented any material evidence to substantiate claims that parents, students, or members of the public intended to harm the accused. He argued that the prosecution had failed to demonstrate sufficient grounds to justify the denial of bond.
In his ruling, Magistrate Chumba directed that an expedited pre-bail report be prepared before a determination on bond is made.
“The court has considered the application by the prosecution, the submissions by both parties and the information placed before it. In the interest of justice, it is necessary that a pre-bail report be prepared before a determination on bond is made,” the magistrate ruled.
The court further ordered the County Probation Officer to urgently submit a report assessing the safety of the accused persons, their home environment, and the likelihood of attacks should they be released.
The matter will be mentioned on June 15 for further directions.
By Frank Mugwe
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