Benard Wangila, a fourth year student was charged with preparation to commit a felony contrary to section 308(1) of the penal code.
The student has been charged with attempting to burn a city hotel during the recent protests against the mode of granting education grants to university students.
Milimani senior principal magistrate Robinson Ondieki released the accused after spending a night at Capitol Hill police station.
Former Nairobi Governor Mike Sonko who was present in court, secured Wangila’s release by depositing the Sh 5,000 cash bail.
“We are living in difficulty times and l have heeded the students plea to bail him out so that he can go to finalize his exams,” Sonko said at the Milimani law courts.
“I have come to assist the student who is in dire need as he comes from a poor background,” Sonko stated.
Wangila was charged that, on September 9, 2024 at around 1200hrs along Harry Thuku Road near Boulevard Hotel in Nairobi County, jointly with others not before court, was found in possession of a five liters Jerrycan with petrol in circumstances indicating that he was intending to commit an offence of arson.
He appeared before the Milimani senior principal magistrate Robinson Ondieki and denied the charges which were levelled against him.
The defense lawyer Danstan Omari, told the court that the accused was arrested on his way to his rented house outside the university where he stays.
The lawyer told the court that Wangila owns motorcycle which he uses to commute and he bought the said petrol to fuel the motorcycle,
“Your honour the accused person is a student who owns a boda boda which he uses to commute to school and back. Sometimes, he uses it to get money for his school fees. It ran out of fuel and he went to get some just before he was arrested,” Omari submitted.
He pleaded with the court to release him on a lenient cash bail to go back to school and sit for his final year examinations.
In pleading the court for lenient terms, the lawyer stated that he came on record in Pro-bono since he could not afford the legal fee.
However, the prosecution objected his application claiming that the accused person might cause harm if released on a cash bail.
While releasing the accused, the court further directed the prosecution to supply witness statements to the accused to prepare his defense.
The case will be mentioned after two weeks to fix a hearing date.
