‘Mr Speaker Sir’ charged with damaging Parliament property worth Ksh.41.2 million

Nzyoki was charged with unlawfully accessing Parliament Buildings and causing damage to property during the June 25, 2024, anti-government protests.

Nzyoki faces two charges arising from the storming of Parliament during the nationwide demonstrations. The first charge accuses him of unlawfully entering the precincts of Parliament without lawful authority, contrary to the Parliamentary Powers and Privileges Act.

In the second count, he is charged with malicious damage to property contrary to Section 339(1) of the Penal Code. 

Prosecutors allege that, jointly with others not before the court, he willfully destroyed property at Parliament Buildings, including sections of the perimeter fence, the mausoleum flag post, furniture, ICT equipment, television screens, kitchenware, vehicles and electrical installations.

The prosecution claims that the damaged property belonging to the Parliamentary Service Commission is valued at Ksh.41,248,570.

The accused, who was arrested last week within the court premises shortly after being released on bail by Magistrate Nyangena in another matter, was represented by lawyer and Embakasi East MP Babu Owino.

In his submissions, Owino told the court that the prosecution had not opposed the bail application and argued that imposing a high bond amount would amount to a denial of the accused's constitutional right to liberty.

"Issuing a higher bail renders this trial nugatory and limits the right of the accused person to liberty, which is a miscarriage of justice," Owino submitted.

He further argued that the offences facing the accused did not amount to capital offences and urged the court not to be swayed by what he termed as unsubstantiated claims by the prosecution.

"Whatever is before you do not equate to a capital offence. Do not entertain what we are being served by the prosecution, which is balderdash," he said.

Owino also maintained that the Constitution protects accused persons and that the court was not at that stage determining the guilt or innocence of the accused.

"Today this court is not trying the charges of malicious damage to property or unlawful entry into Parliament. I was there that day during the protests and I did not see the accused person in Parliament," he submitted.

He added that granting a higher bail would amount to a denial of bail and undermine the constitutional presumption of innocence.

In granting bond, the trial magistrate noted that the court had not been furnished with any valuation report or supporting documents to justify the figure of Ksh.41.2 million damages indicated in the charge sheet. 

The magistrate observed that the amount remained an allegation at this stage and could not be relied upon to impose excessive bond terms.

The court further held that although the accused was charged jointly with others who are yet to be arrested and presented before court, Nzyoki could not be made to shoulder the burden of persons who are not before the court.

Finding that there were no compelling reasons to deny him bail, the court released Nzyoki on a personal bond of KSh100,000 pending further proceedings in the case.