, NAIROBI, Kenya, Mar 17 – The High Court on Tuesday afternoon overturned a decision in which a South Sudanese man accused of defiling a five year-old girl had been granted bail by a lower court.
High Court Judge Luka Kimaru granted the prosecution’s application after he issued an interim order of stay against grant of bail to Makoy Madhak Deer.
He said the application will be heard on Wednesday morning where he will make an interpretation of his 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 said explaining that the ODPP was disgruntled by the order given by the Makadara court earlier.
Earlier on Tuesday, Madhak appeared before Senior Principal Magistrate Timothy Okello where he was freed on a bond of Sh1 million with two Kenyan sureties.
Nyamosi opposed Madhak’s request on consideration that he was a flight risk. It was after Okello’s ruling that she made an appeal at the High Court asking Madhak not to be released on bond.
“We have enough grounds to seek the High Court’s intervention,” she told Capital FM News.
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 Joy’s mother during the case in which 32 year old Madhak is accused of defiling her daughter 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.”
He pleaded not guilty and applied for bond which was granted but was overruled by the High Court.