Kisumu: Three students from Kisumu Boys High School who were arrested in connection with an alleged attempt to set fire to a school dormitory were on Monday released on a cash bail of Sh100,000 each by a Kisumu court. Kisumu Principal Magistrate Daniel Kipkorir Chumba made the ruling after the court considered an accelerated pre-bail report prepared by the County Probation Office, as well as submissions presented by both the prosecution and the defense.
According to Kenya News Agency, the students, whose names are withheld due to their age, are facing charges of attempted arson contrary to Section 333(a) of the Penal Code. The charges allege that they attempted to set fire to Jupiter Dormitory at Kisumu Boys High School on June 8, 2026. The incident reportedly prompted swift intervention by school authorities and law enforcement officers, leading to the arrest and subsequent arraignment of the three students.
The trio had initially been arraigned before the court last Friday and had been remanded at Kodiaga Maximum Prison pending a bail application. The prosecution opposed their release on bond, citing security concerns and arguing that releasing them could expose them to danger from members of the public. Investigating Officer Inspector Kevin Ombwoli informed the court that intelligence reports suggested some parents and students allegedly planned to harm the accused if they were released from custody. He urged the court to deny the students bond or bail pending further investigations and assessment of the security situation.
The defense team, led by advocate Steve Odenyo, opposed the prosecution’s application, arguing that the allegations regarding threats to the students’ safety were not supported by credible evidence and that the prosecution had failed to demonstrate the existence of an actual threat. The defense cited Article 49(1)(h) of the Constitution of Kenya, stating the accused were entitled to bail unless compelling reasons were established not to be released.
The court directed the county probation officer to prepare and file an advance pre-bail report, assessing the accused students’ home environments, social backgrounds, the possibility of interference with investigations, and the likelihood of them facing attacks or hostility from the public if released. In his determination, the magistrate observed that while concerns had been raised regarding the safety of the accused students, the pre-bail report did not establish sufficient grounds for their continued detention. The court noted that the students were not residents of Kisumu and were not exposed to the level of danger previously suggested.
The magistrate stated that claims regarding possible attacks against the students remained largely speculative and were not substantiated by concrete evidence. Consequently, the court found that the prosecution failed to demonstrate compelling reasons capable of limiting the accused persons’ constitutional right to reasonable bail terms. The court ordered each of the three students to be released upon payment of a cash bail of Sh100,000 each. To ensure public order and preserve the integrity of the ongoing proceedings, the court imposed several conditions on the release of the accused.
Among the conditions was a directive requiring the students to stay away from the vicinity of Kisumu Boys High School and Kisumu Town until further orders of the court. The court warned that any violation of the conditions could result in the cancellation of the bail terms and the re-arrest of the accused persons.
