MOMBASA, Kenya, Oct 5 – Haniya Sagar, wife of slain controversial Muslim cleric, Aboud Rogo will be held in custody until October 9 even after her release, the High Court ruled on Friday afternoon.
High Court Judge Dora Chepkwony had earlier quashed Haniya’s 10-year conviction by the magistrate’s court.
Haniya was last year convicted of conspiracy to bomb the Central Police Station in Mombasa in September 2016, in which three women were killed.
The three women had hurled a petrol bomb into the station before they were all shot dead.
She however appealed against the judgment by the magistrate’s court, and the High Court ruled on her favour.
However, the DPP’s office immediately filed an application to continue holding Haniya as they file an appeal at the Court of Appeal.
Ngina Mutua, from the office of the DPP, said the application for stay of release orders will allow them to hold Haniya as they file the appeal, because she is a flight risk.
Haniya’s lawyer opposed the application, saying she has been obeying all the court processes, even when she was out on bond.
However, the High Court judge, who had earlier released Haniya, granted the DPP the stay orders.
“I hereby grant the prosecution the stay orders to hold the appellant in custody until October 9, whereby they (DPP) are expected to have filed the appeal,” said Chepkwony.
She said if the DPP fails to file the appeal by Tuesday (October 9) at the Court of Appeal, Haniya should be released from custody.
In her earlier judgement, Chepkwony said, “one person cannot conspire to commit an offence. A charge of conspiracy is a joint charge and the appellant was charged and convicted alone.”
She said the lower court that had convicted Haniya made the judgement on evidence of suspicion, in which, “suspicion alone is not enough evidence to jail someone.
“Based on all these facts, conviction is hereby quashed,” Chepkwony read in her judgement.
In her appeal, Haniya had said that the magistrate’s court failed to establish criminal intent on her part or disclose her actual involvement in the attack.
The Magistrate’s Court had said that Haniya had adequately been linked to the women killed in the attack.
She was accused of communicating to the women and hiding information about the impending attack thereby aiding its commission.