No pressure to prosecute Lamu cases, court told
Mahadi Swaleh Mahadi, alias Jesus, (right) in court. The prosecution has opposed an application to have him released on bond. PHOTO | FILE
What you need to know:
- Mr Edwin Okello said he was not aware of any pressure to prosecute.
- The prosecutor was opposing an application by a man facing murder charges in relation to the attacks.
- Lawyer Taib Ali Taib is seeking to have the accused Mahadi Swaleh Mahadi released on bond.
- Mr Mahadi has been charged alongside Matatu driver Dyna Salim Suleiman who had his bond terms reviewed last week.
The prosecution of cases related to recent attacks in Lamu is not as a result of any political or public pressure, a court has heard.
Senior Assistant Director of Public Prosecution Mr Edwin Okello said he was not aware of any pressure to prosecute.
“I am not aware of any pressure exerted on us; our courts are independent,” Mr Okello told Mr Justice Martin Muya.
The prosecutor was opposing an application by a man facing murder charges in relation to the attacks who sought to be released on bond.
Mr Okello said there was sufficient evidence upon which the accused had been charged.
He said although bail was a constitutional right, it was not automatic.
PUBLIC SAFETY
He urged the court must to rule in favour of public safety.
Mr Okello urged the court to note the continuous attacks saying it may embolden the attackers if the accused was released on bail.
“There is a fact of interference with witnesses; that fact cannot be doubted,” said Mr Okello.
Lawyer Taib Ali Taib in seeking to have the accused Mahadi Swaleh Mahadi released on bond said there has been concern on the nature of the attacks as a result great political pressure.
“The court should not accept to be the police for the executive,” said Mr Taib.
He urged the court to release his client on bond saying the seriousness of the offence is not a consideration for denial of bond.
Mr Taib said the accused was willing to abide by all the conditions that the court may set and that he (accused) would not abscond.
“You must not allow yourself to make it easy for the rights of the accused to be taken away. The state should leave courts to do their work,” Mr Taib told the court.
TERMS REVIEWED
Mr Mahadi has been charged alongside Matatu driver Dyna Salim Suleiman who had his bond terms reviewed last week.
Mr Suleiman had been released on a Sh500,000 bond with three sureties of similar amount but the court later reviewed its decision and cancelled it.
The judge said the accused, who is diabetic, will be held in custody at Shimo la Tewa prison in Mombasa during the hearing of the case against him or until the court issues further orders of.
The court ruled that the application for bond be reviewed after every 30 days in view of the accused’s medical condition pending trial and determination of the case.
According to the prosecution, the offences were committed during the period between June 15 and 17, 2014 at Kaisari village and Mpeketoni Township within Lamu County.
The ruling will be delivered on July 30, 2014.
