DPP denies KES 1.3B heroin traffickers bail
05 September 2014, 09:33
Mombasa - The office of the Director of Public Prosecutions has opposed the release of three Kenyans charged with trafficking of the KES 1.3 billion heroine destroyed by the Kenyan Defense Forces in the deep waters of the Indian Ocean.
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In his submission, Assistant Director of Public Prosecutions, Alexander Muteti said there are no changing circumstances to justify the review of the applicant order.
“The circumstances for the review can only be justified if something new has cropped up and if there have been changes in the charges leveled against the accused,” said Muteti.
He said there was nothing new annexed in the affidavit filed by the applicant in their bond application review.
Muteti told the court that the accused, Maur Bwanamaka, was a habitual court absconder who has a pending criminal case, number 140/2014, at the Milimani Law Courts where he is alleged to have stolen KES 1.9 million from CCM political party where he is the chairman.
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The affidavit annexed shows that the accused jumped bail, prompting investigating officers to drag his surety, Paul Munyao, to court to explain his whereabouts.
Muteti said that Munyao had described Bwanamaka as a dishonest person and withdrew himself as his surety.
“A person of such character cannot pass the sate of being granted bail,” said Muteti.
He revealed that an inspector of police who had arrested Bwanamaka had annexed in an affidavit that the accused was arrested in Nairobi fleeing from Mombasa and thus does not deserve bail.
Muteti said the release of the three Kenyans on bail will paint a bad picture of Kenyan authorities to the Pakistan society.
“The fact that the accused are Kenyans is not qualification for bail. Releasing them on bail will show that Kenyans are biased towards other accused yet they are charged with the same offence,” said Muteti.
The office of the DPP has also objected the review of bond application by Ahmed Mohamed and Khalid Mohammed.
In an affidavit annexed by Inspector Johnson Kimuye, an inquiry has been launched in respect to the tenth accused, Ahmed Mohammed, on how he became a Kenyan citizen.
State Prosecutor, Vincent Monda, said in the affidavit that the defense Counsel Gerald Magolo had indicated that the accused was born in Somalia and served them with a naturalization certificate.
“The documents served raise questions whether the due process was followed in issuing the accused with Kenyan nationality,” said Monda.
He said the eleventh accused, Khalid Ahmed's documents brought to court were related to his wife and children and his place of birth was not attached.
The office of the DPP said it questioned Ahmed's ID card because his district of birth, nationality and residence were indicated as Somalia.
“I am not aware of a district called Somalia on the face of it; the documents call for an inquiry. We are cautious of the authenticity of the documents,” said Monda.
The DPP office urged the court to dismiss the bond application of the three accused.
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