Suspects in the KES 1.3 billion heroin saga freed on bond
05 September 2014, 22:51
Mombasa - A Magistrate court has released three Kenyans on bail after being charged with trafficking heroine worth KES 1.3 Billion.
In the ruling Chief Magistrate Maxwell Gacheru said there was no compelling reason to deny the three accused person bail.
“There is compelling reason to deny the accused bail I hereby release the 10TH accused on a bond of KES 5 million and two sureties of similar amount, the 11TH and 12TH accused area also released on bond of LES 5million with a surety each’ said Gacheru
The director of public prosecution had filled an application in court to have Khalid Mohammed Mohammed Ahmed and Maur Bwanamaka Denied bail.
However Gacheru said the defense lawyer Magolo had annexed in the affidavit particulars of the 10th and 11th accused that filled the gap in question over the nationality of the accused.
That the gap in question has been filled with the evidence adduced in court by Magolo although the evidence can also be revised” said Gacheru.
In their submissions through a sworn affidavit by inspector Johnson Kimuye the prosecution had questioned the authenticity of the nationality of 10 and 11 accused and the possibility of the 12 accused to attend bail if released on bail.
Inspector Kimuye said Bwanamaka had criminal case 140/2014 pending at the Mlimani law court where he was charged with stealing KES 1.9 million from a political party CCU.
Bwanamaka was also alleged to have skipped court proceedings in a case leveled against him at the Mombasa law court.
Khalid Ahmed's documents annexed to the affidavit were related to his wife and children and his place of birth was not attached.
The office of the DPP also questioned Ahmed's ID card because his district of birth, nationality and residence were indicated as Somalia.
The prosecutions said they were not satisfied with the ruling and will move to high court to request the review of the magistrate Court.
‘We are not satisfied with the ruling and we intend to proceed to high court to seek a review of of the bond admitted to three accused person.”Nicolas Mutuku
This was the third time the same case was coming for bond ruling.
On August 3 2014 the magistrate court denied the nine Pakistan nationals jointly charged with the three Kenyans bail because they are not Kenyan citizen and had no a permanent resident in Kenya and they were likely to abscond court.
0n August Ahmed and Khalid were also denied bail after the state put their nationality on question.
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