A fourth-year University of Nairobi student, who was charged with possessing five litres of petrol that he allegedly intended to use to burn a school, has been released on a cash bail of Sh 5,000.
Benard Wangila Ojiambo denied the charges and requested the court to release him on bail, arguing that the petrol was meant for his motorbike, which he used for commuting and to support himself while on campus.
In his ruling, Senior Principal Magistrate Robinson Ondieki stated that he had considered all arguments and found no compelling reasons to deny Wangila bail. He emphasized that the New Higher Education Funding Model factored into his decision, as it aims to address the challenges faced by public universities and Technical and Vocational Education and Training (TVET) institutions due to massive enrollment and inadequate funding.
“The model prioritizes a student’s financial need and separates placement from funding. Under this model, universities and TVET institutions will no longer receive block funding in the form of capitation,” Ondieki ruled.
According to the charge sheet, on September 9, 2024, Wangila was arrested along Harry Thuku Road in Nairobi County, along with others yet to be arrested, allegedly armed with an offensive weapon. The prosecution claimed that he had a five-litre jerry can filled with petrol under circumstances that suggested he intended to commit arson at an unspecified school.
The prosecution strongly opposed his release on bail, arguing that the offence of arson is serious.
However, Wangila’s lawyer, Danstan Omari, defended his client, stating that Wangila owns a motorbike, which he uses to commute to campus daily. Omari explained that on the day of the arrest, Wangila’s motorbike was grounded due to a lack of petrol, prompting him to board another motorbike to purchase fuel to take home for his own motorbike’s use.
Omari further argued that the student also uses his motorbike for a bodaboda business to earn money for his upkeep and school fees, especially considering the difficulties posed by the new university funding model, which has left many students struggling due to a lack of HELB funds.
Omari urged the court to dismiss the prosecution’s allegations and allow the student to continue with his studies.
