Ezekiel Kyama Nzyoki, the protester who went viral for his “Mr Speaker Sir” moment when Gen Z protesters stormed Parliament in June 2024, has been accused of damaging property worth Ksh. 41 million.
In a statement issued on Monday, June 29, his lead counsel and Embakasi East MP Babu Owino confirmed that Kyama has been charged with malicious damage to property in and around Parliament. He faces the charges over allegations that he unlawfully accessed the Parliament Buildings and caused damage during the June 25, 2024 anti-government protests.
Nzyoki faces two charges linked to the parliamentary storming. First, he is accused of unlawfully entering the precincts of Parliament without lawful authority, contrary to the Parliamentary Powers and Privileges Act. Second, he is charged with malicious damage to property contrary to Section 339(1) of the Penal Code.
Prosecutors allege that, together with others not before the court, he willfully destroyed property at Parliament Buildings, including parts of the perimeter fence, the mausoleum flag post, furniture, ICT equipment, television screens, kitchenware, vehicles, and electrical installations.
The prosecution says the damaged property belongs to the Parliamentary Service Commission and is valued at Ksh. 41,248,570.
The accused was arrested last week inside the court premises shortly after being released on bail by Magistrate Nyangena in a separate matter. Lawyer and Embakasi East MP Babu Owino represented him in court.
“I Did Not See Him in Parliament,” Babu Owino Tells Court on Kyama
In his submissions, Owino said the prosecution did not oppose the bail application and argued that setting a high bond would violate the accused person’s constitutional right to liberty. He told the court that “issuing a higher bail renders this trial nugatory and limits the right of the accused person to liberty,” which he described as a miscarriage of justice.
Owino also argued that the alleged offenses do not amount to capital offenses, urging the court not to be influenced by what he called unsubstantiated claims from the prosecution.
“Whatever is before you do not equate to a capital offense. Do not entertain what we are being served by the prosecution, which is balderdash,” he said.
He maintained that the Constitution protects accused persons and that the court should not, at this stage, determine guilt or innocence.
“Today this court is not trying the charges of malicious damage to property or unlawful entry into Parliament. I was there that day during the protests, and I did not see the accused person in Parliament,” Owino submitted.
He further added that granting a higher bail would amount to effectively denying bail and would undermine the constitutional presumption of innocence.
Court Says Sh41 Million Damage Claim Against Kyama Lacks Valuation Report
In granting the bond, the trial magistrate noted that the court had not received any valuation report or supporting documents to justify the Ksh. 41.2 million damages figure stated in the charge sheet.
The magistrate said the amount remained an allegation at that stage and could not be relied on to impose excessive bail terms. The court also held that although Nzyoki faced charges jointly with others who have not yet been arrested, he could not be required to carry the burden of people who were not before the court.
Having found no compelling reasons to deny him bail, the court released Nzyoki on a personal bond of Ksh. 100,000 pending further proceedings.
Babu told the press that the court released his client on a personal bond, commonly referred to as a free bond. He said he had pleaded for Kyama’s release so the fourth-year Kenyatta University student could return to complete his exams.
Kyama reportedly went into hiding after videos of him at the National Assembly went viral during the June 2024 Gen Z protests. In earlier interviews, he said the youths who stormed Parliament did not intend to cause harm, adding that they had gone in for lunch and that the damaged cutlery resulted from the commotion as protesters fought over food.
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