DPP appeals court’s decision to release Sunshine students

The Director of Public Prosecutions (DPP) Keriako Tobiko has appealed a decision by Chief Magistrate Lucy Gitari to release eight students from Sunshine High School, accused of attempting to torch a dormitory, on personal bond.

In an application made on Tuesday, Tobiko called for a review of the decision saying the Chief Magistrate’s ruling is a “contravention of Section 176 of the Criminal Procedure Code which lays down the parameters for alternative dispute resolution, and also goes against public interest.”

“The applicant was, and still is, satisfied that there is sufficient evidence to charge the Subjects/Respondents with the offences on record and is desirous to proceed with the hearing of this matter,” stated Tobiko.

“The offences committed by the Subject/Respondents are currently a matter of public interest with the Honorable Court failed to take judicial notice.”

The DPP has called on the High Court to “exercise discretion as provided for under Section 362 of the Criminal procedure Code”.

The Magistrate had on Monday granted the students their request to sort the case out of court saying she was alive to the fact that court process is not meant to punish children but to correct them.

She further stated that the constitution also provides that the court is at liberty to consider other problem resolving mechanisms, especially where parties are willing to engage for a solution.

The Chief Magistrate further noted that since parents of the accused children have been in negotiation with the school to have the matter resolved outside the court, it is only fair to grant their request.

@benjaminwafula