Setback for Rogo wife as bond suspended

Ms Hania Said Sagar, the widow of slain Muslim cleric Sheikh Aboud Rogo, appears before Senior Principal Magistrate Diana Mochache at Shanzu Law Court on September 23, 2016. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP

What you need to know:

  • Ms Mochache had ordered for the reports to be presented to court before she could consider releasing them on bond.
  • However, the defence said the order did not bar the lower court from continuing with the trial against the accused.

The widow of radical Mombasa cleric Sheikh Aboud Rogo will remain in remand after the High Court suspended her release on bond.

Shanzu Principal Magistrate Diana Mochache was on Friday served with the High Court order which suspended the release of Ms Hania Said Sagar on bond.

The order also suspended the decision by the magistrate calling for pre-bail reports against Ms Luul Ali Tahlil, Nasteho Ali Tahlil and Zamzam Abdi Abdullahi, who have been charged alongside Rogo’s wife.

Ms Mochache had ordered for the reports to be presented to court before she could consider releasing them on bond.

She had 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.

Ms Mochache ruled that the trial against the accused would go on since the entire proceedings against them had not been suspended by the High Court.

The prosecution had argued that the decision by the High Court meant that the proceedings at the lower court remain suspended.

However, the defence said the order did not bar the lower court from continuing with the trial against the accused.

The four women have been accused of conspiring with three women to attack Central police station in Mombasa town.

They are also accused of failing to disclose information to authorities that could have prevented a terror attack.

Last week, the magistrate had released Ms Sagar on a Sh1 million bond only for the court to suspend its decision in less than an hour.

In releasing Ms Sagar, the magistrate directed the accused to 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 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.

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.

The case will be mentioned on October 17.