A Fourth year University of Nairobi (UoN) student who was arrested last year along Harry Thuku Road in Nairobi with a five-litre jerrycan of petrol during student protests against the university funding model has been acquitted.
Magistrate Robinson Ondieki acquitted Bernard Wangila under section 210 of the penal code after noting that no exhibits were produced and no other witnesses testified to corroborate the evidence of the single witness who appeared in court.
Only one witness testified in the case against Wangila and the court said they needed others to back up his testimony.
Wangila lhad denied the charges and asked the court to release him on bail arguing that the fuel was for his motorbike which he used to commute and also sustain himself while in campus.
According to the charge sheet, it was alleged that on September 9, 2024 Wangila was arrested along Harry Thuku Road within Nairobi County jointly with others yet to be arrested armed with offensive weapon.
The prosecution claimed that he had a five-litre jerry can with petrol in circumstances that indicated he was so armed to commit arson which was burning an unknown school.
Through his Lawyer Danstan Omari, Wangila told court that he owns a motorbike which he used to commute to campus daily.
Omari told court that on the material time Wangila’s motorbike was grounded due to insufficient petrol and therefore he opted to board another motorbike to purchase the said petrol and take it home for his motorbike use.
He also claimed that the student uses his motorbike to engage in bodaboda business to raise money for his upkeep and school fee due to the challenges in the new University funding model that saw university students languish in poverty due to lack of HELB funds.
Omari asked court to disregard that allegations by the prosecution and release the student to proceed with his studies.
