, NAIROBI, Kenya, Mar 20 – A South Sudanese man accused of defiling a five year-old Kenyan girl at Nyayo Estate in Embakasi has been denied bail by the High Court.
Justice Luka Kimaru said Makoy Madhak Deer is a flight risk since he has no known abode.
Justice Kimaru further ruled that Kenya and South Sudan have no extradition treaty in case the suspect runs away to his country of origin. The judge said the offence facing the accused is a serious one and he must remain behind bars until the case is heard and determined.
On Tuesday, Madhak appeared before Senior Principal Magistrate Timothy Okello where he was freed on a bond of Sh1 million with two Kenyan sureties.
The Office of the Director of Public Prosecutions however rushed to the High Court seeking intervention that resulted in suspension of the bail terms.
In seeking for reversal of the magistrate court’s decision, Senior Assistant Director of Public Prosecution Jacinta Nyamosi told the court that the trial magistrate failed to consider material facts when he granted the accused bond.
During her application at the High Court she submitted that the character, antecedents, association and community ties of the accused person were unknown.
She further told the judge that the accused was facing a serious charge likely to earn him a maximum sentence upon conviction hence releasing him on bail he was likely to abscond trial.
“Given the background that the accused is a foreign national with no known place of abode makes him a flight risk,” Nyamosi had said explaining that the ODPP was disgruntled by the order given by the Makadara court earlier.
The lower court had explained that although Madhak was a foreigner, the Constitution has a provision for all accused persons to be released on bond.
He explained that Madhak was not a flight risk as he had given details of his residence in Kenya and that he would as well surrender his travel documents to ensure he does not travel out of Kenya.
The case will be heard on March 31.
Neighbours from Nyayo Estate had accompanied the child’s mother during the case in which 32-year-old Madhak is accused of defiling the minor on March 3, 2015 at Nyayo Estate in Embakasi.
According to the charge sheet; “Madhak on the 3rd day of March, 2015 at Nyayo Estate in Embakasi Division intentionally caused his penis to penetrate the vagina of a child aged 5 years.”