NAIROBI, Kenya, Aug 8 – The High Court has blocked the release of a Briton and Kenyan facing drug trafficking charges after an urgent appeal by the Director of Public Prosecutions.
Justice Luka Kimaru suspended the release of Briton Jack Marrian on a bond of Sh70 million with two Kenyan sureties, and Kenyan Roy Francis Mwanthi on a Sh60 million bond also with two Kenyan sureties.
The order that stays in force pending hearing of the appeal on Tuesday was issued after the DPP’s appealed an earlier decision by a Kibera Court to release the two on bond.
Senior Prosecutor Duncan Ondimu from the DPP’s office argued that the two are facing serious charges which attract stiff penalties hence there is high chance of the accused absconding the trial.
Ondimu said that the release on bond of the two by Senior Resident Magistrate Derrick Kuto was erroneous hence the discontent.
The DPP wants the High Court to reverse the decision by Kuto.
The magistrate had earlier in the day released Marrian and Mwanthi who are accused of trafficking in cocaine worth Sh598 million at the Port of Mombasa.
They were also ordered to deposit their passports with the court and report to the police once every week.
Kuto in his ruling said he was not convinced by the prosecution to deny the two bail.
He however noted that the offence is serious and deserved stiff bond terms.
Marrian is the managing director of Kenya and Uganda-based Mshale Commodities.
Three men including Marrian were questioned in recent days by a special team of US anti-narcotics agents and their Kenyan counterparts following an Interpol tip-off about the shipment.