Arms cache suspects freed on Sh3m bail

The internal security department is being run poorly jeopardising the security of the country, a judge stated on Thursday.

Delivering a cash bail ruling to the five arms cache suspects, Mr Justice Mohammed Warsame said that “there is a serious indictment on the department of internal security.”

The judge said that security agents attached to the department are required to act honestly to restore confidence in the public and avert the continuous outcry of insecurity. “There is a major security lapse in the country given the status of events and most recent incidents,” the judge said.

While restoring the suspects’ cash bails, Mr Justice Warsame concurred with defence lawyers Francis Njanja, Ian Maina, Neville Amolo and Cliff Ombeta that “national security cannot be used as a guise by state agents to take away the rights of the accused.”

The judge said cogent reasons must be advanced to enable a court of law to take away the liberties of the suspects.

He said the cardinal principle of the rules of natural justice demand that one’s fundamental rights and freedoms should not be interfered with without being heard.

He took concern with state counsel Vincent Wohoro who extracted a wrong order by inserting the word “reverse” into a judge’s order.

“As correctly pointed out by Mr Amolo, the state counsel included the word ‘reverse’ which was not directed by Justice Roselyn Wendoh when she suspended the cash bails of the suspects on December 23, last year.”

The judge made the remarks when he enhanced bail terms given to businessman Munir Ismail, former AP chief armourer John Maritim, Mr John Wandeto and Mr Dominic Mufumu.

Mr Justice Warsame said: “Mr Munir appears to be the central player in this case and I will increase his bond.

Besides the Sh1 million cash bail given earlier, he will furnish two sureties of Sh3 million each. His wife, Nahid Tabasum, will retain her Sh1 million cash bail.”

The judge also directed Mr Maritim to deposit two sureties of Sh500,000 each while Mr Wandeto and Mr Mufumu will deposit two sureties Sh200,000 each.

They have been in custody since December 24, last year. They have denied being in possession of over 50,000 rounds of ammunition.