Three teachers from Nyabisia Secondary School who were arraigned in Ogembo Law Courts before Senior Principal Magistrate Paul Biwott for irreparably damaging a Form Four student’ testicle, have been released on bond.
After a tough battle between the defense lawyer and the prosecutor, the accused teachers were released on a bond of Ksh 100,000 each with a cash bail of Ksh 20,000 each.
Douglas Mabiria, Abel Manyange and Frankline Ongwae were charged for causing grievous harm to the 19-year old candidate contrary to section 234 of the penal code.
Prosecution Counsel Ian Makotsi filed an application opposing the release of the accused persons on bond saying the case is serious in nature and if released they are likely to interfere with the witnesses who are students in this case.
“This is a case which is serious in nature and if the accused persons are released on bond, they might interfere with the witnesses who are students since they have authority over them,” Makotsi argued.
Defense counsel, Tom Ongori, argued that there were no compelling reasons to deny the accused persons bail as they are entitled to bail since it is a constitutional right.
“No evidence to demonstrate there is authority to interfere with the witnesses, it is prejudice against the accused persons,” said Ongori.
He further prayed to the court to grant his clients reasonable bail terms since they were teachers from the said school.
The court Magistrate in his determination ruled the accused were entitled to bail on merit.
“Considering the application to deny the accused persons bond,this application supported affidavit that the accused persons will interfere with the witnesses.
The case will resume on 27th of April for a mention.
By Elizabeth Angira
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