AfriPulse
A Nairobi court has ordered the release of two minors accused of desecrating the Kenyan flag during a CAF Champions League match, directing that each be freed on a cash bail of Sh50,000 with two sureties.
The court specified that at least one surety must be a Kenyan citizen.
The case was mentioned on Thursday following an admission by the prosecution that probation and social inquiry reports had not been filed. The Director of Public Prosecutions (DPP) Office confirmed the minors were already interviewed but the report was pending.
Notwithstanding, the prosecutor urged the court to go ahead with plea-taking, insisting that the offence was serious and that further delay would frustrate justice. The State prosecutor also objected to their release on bond, saying it would expose the boys to harm and jeopardize the trial.
Defence lawyer Ishmael Nyaribo countered by urging the court to release the minors to their relatives, insisting that holding them in custody without the reports violated their rights under the Children Act.
“These are minors who need to continue with school. Holding them longer in custody would not only be harmful but also abuse their rights,” he argued, adding that the incident occurred in the heat of the football match.
The defence also pointed out that one of the minors’ mothers had flown into Kenya to attend the proceedings and, together with their uncle Mohammed Ali, a Kenyan citizen who was present in court, would act as suitable guarantors.
The children’s officer in attendance confirmed she had no objection to the minors being released under the care of their guardians.
In her ruling at the Milimani Children’s Court, the magistrate directed that the minors would not take a plea until the probation report is filed but allowed their release on bail.
The court further ordered that the minors’ passports remain deposited with the court and instructed their guardians to ensure they attend all court sessions and probation interviews.
The case is scheduled for mention on October 8, when the probation and social inquiry reports are expected to be presented.
Source: NairobiWire.com | Read the Full Story…
