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 Ksh100,000 ($772) each by a Kisumu court.

Kisumu Principal Magistrate Daniel Kipkorir Chumba made the ruling after the court considered an accelerated pre-bail report by County Probation Office as well as submissions presented by both the prosecution and the defence.

The students (names withheld because they are minors) are facing charges of attempted arson contrary to Section 333(a) of the Penal Code.

Particulars of the charges indicate that they allegedly 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 were arraigned in court on Friday and remanded at Kodiaga Maximum Prison pending bail application. The prosecution had opposed their release on bond arguing that there were security concerns surrounding the accused persons and maintained that releasing them at that stage would expose them to public anger.

Investigating Officer Kevin Ombwoli informed the court that intelligence reports suggested that some parents and students were allegedly planning to harm the accused if they were released from custody. The officer urged the court to deny the students bond or bail pending further investigations and assessment of the security situation.

However, the defence team led at the time by advocate Steve Odenyo strongly 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 place before the court any material capable of demonstrating the existence of an actual threat.

The defence further submitted that according to Article 49(1) (h) of the Constitution of Kenya, the accused were entitled to their constitutional right to bail unless compelling reasons were established not to be released.

The court then directed the County Probation Officer to prepare and file an advance pre-bail report. The CPO was tasked with assessing the accused students’ home environments, their social backgrounds, the possibility of interference with investigations and the likelihood of them facing attacks or hostility from members of the public.

In his determination, the magistrate observed that while concerns had earlier been raised regarding the safety of the accused students, the information contained in the pre-bail report did not establish sufficient grounds to warrant their continued detention. The court noted that the students were not residents of Kisumu and therefore were not exposed to the level of danger previously suggested.

The magistrate further stated that claims regarding possible attacks against the students remained largely speculative and had not been substantiated by concrete evidence.

Consequently, the court found that the prosecution had 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 be released upon payment of a cash bail of Ksh100, 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.

The case will now be mentioned again on June 29.