Rogo widow bond reversed in an hour

The widow of radical Mombasa cleric Sheikh Aboud Rogo was on Thursday released on a Sh1 million bond only for the court to suspend its decision in less than an hour.

Shanzu Principal Magistrate Diana Mochache suspended her decision to release Ms Hania Said Sagar following an application by the prosecution.

Ms Mochache said should she not grant a stay of her decision, it would cause confusion in case the Director of Public Prosecution appealed.

She had also ordered for a pre-bail report against Ms Sagar’s co-accused Luul Ali Tahlil, Nasteho Ali Tahlil and Zamzam Abdi Abdullahi to be presented to court before she could consider releasing them on bond.

Ms Mochache directed the probation’s officer report on the three young women presented to court on October 7 for their and Ms Sagar’s bond ruling.

Senior Assistant Director of Public Prosecution Alexander Muteti had applied to have the court stay its decision, arguing that the law permits it for 14 days.

He said the prosecution will appeal or seek a review of the orders at the High Court.

Defence lawyers Chacha Mwita and Jared Magolo had opposed the application.

Earlier, the magistrate had directed Ms Sagarto deposit her passport in court and to report to the officer in charge (OCS) Nyali Police Station every first Tuesday of the month.

The magistrate said although the prosecution had submitted that the accused had links with a terrorist cell in Australia, it was her view that because of her children she was unlikely to escape or run away.

“If she does (escape) her children will be left hopeless and even if she does the police will still find her,” said Ms Mochache.

She said the other three accused would remain in custody pending a comprehensive pre-bail report.

The magistrate said she did not get much information about them from the submissions of their lawyer.

“The question that am asking myself therefore is, will the accused persons, who are all young girls and still live with their parents attend court if granted bond?” asked the magistrate.

The magistrate ordered that the probation officer to prepare a comprehensive pre-bail report to provide information about the background and community ties of the three young women to enable the court assess whether they will attend trial.

The prosecution had opposed the release of the accused on bond saying they were likely to abscond and were a flight risk and investigations were still going on.

Defence lawyers argued that there was nothing in the affidavits of the investigating officer that proves that the accused were a flight risk.