Eleven people are being held for allegedly vandalizing the new Standard Gauge Railway (SGR). The suspects were charged Friday with sabotage, destruction of infrastructure and engaging in organised criminal activity.
Among the suspects, seven were charged with being in scrap metal business without a license contrary to the Scrap Metal Act. They all denied the charges before a Mombasa Senior Magistrate Lillian Tsuma Lewa.
The accused are: Peterson Senteu, Theophilas Mwongela, Bernard Maina, Joseph Mbugua, James Ndichu, Wilbrod Omondi, Joel Kabiru, Mugi Nyaga, Moses Wanyama, David Musyoki and Nicholas Muthuku.
One suspect is reported to be at large, and the prosecution has since applied for a warrant of arrest against him.
The suspects were all denied bond by Senior Assistant Director of Public Prosecutions Alexander Muteti on basis of the nature of the crime.
Mr Muteti argued that sabotage attracts a sentence of life imprisonment upon conviction hence it may tempt the accused to escape should they be released on bond.
“The nature of the offence the accused face is a key consideration when courts grants bail,” said Mr Muteti adding that the destruction of infrastructure is a threat to the economy.
The suspects are being represented by lawyers who argued that their clients are accused of bailable offences and should be released on bond.
“The prosecution has not given compelling reasons why the accused should not be released on bond,” said lawyer Dennis Omari.
Mr Omari said there are several offences including murder that carry a mandatory death sentence where those charged have been released on bond.
Another lawyer, Ms Natasha Chala representing the suspects said the prosecution has not shown proof that the accused are a flight risk for them to be denied bail.
The court was told that the suspects, accompanied by others absent in the court, jointly vandalized the SGR with intention of endangering life and impairing the usefulness of the railway line to the community.
According to the prosecution, the offences were committed on May 26 at Kavinduni area, Kinango Sub-County, Kwale.
The ruling on whether the accused will be released on bond will be delivered on Monday.
President Uhuru had warned that anyone thinking of vandalizing the new railway line may face death row.
“I want to say this so that those who will be caught doing wrong to know early enough. There is a law in place that if you are a saboteur or a thief of public property or critical infrastructure; the sentence-economic sabotage which is a capital offense, you are sentenced to death,” the president said.
He said as the President, the Constitution has given him the power to decide if or not those convicted of capital offenses should be hanged.