, NAIROBI, Kenya, June 22 – Youth Affairs Principal Secretary Lillian Omollo and the National Youth Service Director General Richard Ndubai with other suspects are now free to process their bail after the Anti Corruption Court in Nairobi declined a request by the Director of Public Prosecutions (DPP) to have them remain in custody while their security is being examined.
While delivering the ruling on Friday morning, Senior Principal Magistrate Lawrence Mugambi stated it is up to the court to verify securities deposited that the process should continue as denying them the right to bail would be tantamount to contempt of High Court that granted them bail.
He pointed out that the court will be examining the authenticity of each suspect’s security on a case by case basis and will be declined should they fail to meet the set threshold.
“In my view, the matter can still be addressed but through a different approach that does not impose a general restriction on the accused right to bail that the High Court has granted,” he stated.
He further urged the DPP to bring any evidence he may have on any irregularities in the bond or bail presented to the court.
“In examining all security tendered, it is the duty of the court to ensure any security or surety offered is free from any risk arising from any probable illegality, loss or prolonged expense should it become necessary to realize the security. However, It is important to underscored the fact that this can only apply to specific property under consideration and cannot be therefore generalized,” he said.
The DPP had asked the court to suspend the vetting process of securities posted on grounds that some are suspect and are subject to investigations by the Assets Recovery Authority.
Noting that concerns raised by the DPP are legitimate, the Magistrate however said complying with the same “will be treading on a dangerous ground of contempt of court.”
He said it cannot suspend the verification process until conditions by the DPP are met because that is not part of the standard procedure.
“The invitation by the chief prosecutor must be declined as the procedural step introduced midway is arbitrary. ”
In an application filed on Thursday Haji wanted Omollo and Ndubai to remain in prison because securities and funds they presented as bail are proceeds of the crime they are charged with.
Omollo and Ndubai are among 46 suspects granted bonds of up to Sh8 million to secure their release until their case is heard and determined.
However, most of the suspects-including the Ngirita family from Naivasha have argued that the amount is too high given the fact that their accounts are frozen.