2 charged with stealing solar inverters worth Sh2.3 million
Two Nairobi residents were charged Friday with stealing 52 solar inverters valued at Sh2.3 million.
Suleiman Bashir Okanga, a boda boda rider based in Eastleigh, and salesman Antony Mutunga Ndunda, were arraigned before Milimani chief magistrate Lucas Onyina.
They allegedly stole the gadgets between January 5 and February 8, from Light Golden Solar Energy on Eastleigh's Ninth Street.
The two were charged with committing an act contrary to Section 268 (1) as read with Section 275 of the Penal Code. They pleaded not guilty.
The accused were represented by lawyer Janet Nduku Muema, who applied for their release on bond, saying it is a constitutional and fundamental right.
“They are not a flight risk and will abide by the terms imposed by this court,” Ms Muema submitted.
The defence lawyer further told the court that his clients were framed but that “at the opportune time we will lay bare the truth and the two innocent suspects will be vindicated.”
The magistrate further heard that Mr Okanga is a “mere boda boda rider” who had been sent to deliver the solar Inverters to the company’s customers.
“Suleiman has a young family which solely relies on him for upkeep. I plead for mercy while deciding on the bail to impose. His incarceration will jeopardise gravely his wife and siblings,” Ms Muema said.
She added that the rider was only paid for the deliveries he made – “a mere Sh200 for each trip and therefore he cannot raise a hefty bond term if imposed on him”.
Regaridng Mr Ndunda, the magistrate heard that he is a sales representative who knew nothing about the solar inverters in question.
“Mr Ndunda is aged 56 and a humble salesman employed by Light Golden Max Solar Energy. He was picked up from the shop and then escorted to the police station,” the lawyer said.
“He knows nothing about the stolen solar inverters,” Ms Muema added, urging the magistrate to invoke his unfettered jurisdiction by freeing the suspects on a minimal cash bail.
Ms Muema also asked the court not to be swayed by the figure quoted in the charge sheet while ruling on the bail application.
“The underlying principle in bail is for the court to ensure one turns up during all the court sessions,” she noted, adding the suspects would appear in court whenever needed.
The prosecution did not oppose the accused’s release.
In his brief, ruling the magistrate noted that release on bail is a constitutional right.
“This court has not been given any evidence to show the suspects are a flight risk. No testimony has been availed that they will interfere with witnesses,” noted Mr Onyina.
He released the suspects on a Sh500,000 bond with one surety or Sh200,000 cash bail each and said the case will be mentioned and pre-trial directions issued on February 21.
The court also ordered that the defence be supplied with all witness statements and exhibits. BY DAILY NATION
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