11 Kenyans risk hanging for vandalising multi billion worth train
The project which cost taxpayers Sh327 billion project is barely two weeks old.
The accused have been released on Sh33 million cash bail with a surety of Sh66 million.
This is despite President Uhuru Kenyatta declaration during the launch of SGR where he vowed to sign death warranties for anyone found vandalizing the Sh327 billion project over economic sabotage.
“I'm the only one authorised to approve a capital punishment but I have never done it. I preferred pardoning the guilty and having them serve life imprisonment sentences,” He said at the Miritini terminus.
“But those who will be sentenced for destruction of public property...God forgive me...I will approve their hanging.” The president declared.
Economic sabotage is a capital offence whose punishment in Kenya is hanging.
Mombasa Senior Principal Magistrate Lillian Tsuma Lewa dismissed an application by Senior Assistant Director of Public Prosecutions Alexander Muteti not to release the accused on bond.
“In these given circumstances and in recognition of the supremacy of the Constitution 2010, I hereby go ahead and grant bail to all the accused person individually for Sh3,000,000 or a surety body of Sh6,000,000,” ruled Ms Lewa, a local media reported.
The court heard that the accused, jointly with others not before court, with the intention of endangering life, damaged the SGR knowing that such an act would impair its usefulness in providing service essential to the public.
Among the accused, seven were charged with dealing in scrap metal without a licence contrary to the Scrap Metal Act.
They are also alleged to have jointly destroyed scrap metal from the infrastructure designed for the SGR.
In her ruling, Ms Lewa indicated that she will only restrict herself to the issue of bail since the applicants were not on trial before her and they will be individually and substantially be prosecuted before the trial court.
“This court will therefore, be careful not to make any comments or draw any conclusion about guilty or innocence of the applicants, when no evidence has been made before it,” she ruled.
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