Why judge gave Rogo widow bail in terror case

Although the widow of radical Mombasa cleric Sheikh Aboud Rogo was released on a Sh1 million bond on Thursday only for the court to suspend its decision, her children seemed to have played an important role in having her granted bond.

In her ruling, Shanzu principal magistrate Diana Mochache said it was her considered view that because of her children, Ms Hania Said Sagar was unlikely to skip bail.

Ms Mochache said as much as the children are not the subject of the case, the court takes judicial notice of the fact that it (case) has directly affected them.

“It is, therefore, in the best interest of these children that they are guaranteed their right to parental care as provided under Section 4 (3) as read together with Section 6 of the Children’s Act 2001,” said the magistrate.

The magistrate said that from the first day the accused took plea and throughout the proceedings, her children have always attended court.

“I have tried to persuade the children to stay out of the court on the ground that the (court) atmosphere is not conducive for them but they keep crawling back into the courtroom,” said Ms Mochache.

The magistrate added that a court of law is obliged to take judicial notice of the fact that the children have only one parent.

According to submissions made in court, Ms Sagar is a mother of seven children.

The magistrate said if the accused escapes, her children will be left helpless but still the police will find her.

The magistrate had ordered that the accused to deposit her passport in court and to report to the officer in charge (OCS) of Nyali police station every first Tuesday of the month.

DECISION REVERSED
Ms Sagar and Ms Luul Ali Tahlil, Nasteho Ali Tahlil and Zamzam Abdi Abdullahi have been accused of conspiring with three women to attack Central Police Station Mombasa.

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

The prosecution opposed to her release on bond saying that investigations were going on and that Ms Sagar is linked to a terror cell that operates in Australia, hence the probability of communicating with the members of the network.

On Thursday, upon the release of Ms Sagar on bond, the magistrate suspended the decision less than an hour after she had made it following an application by the State.

Ms Mochache said should she not grant a stay of her decision, it will cause confusion in case the Director of Public Prosecution wants to appeal.

Ms Mochache ordered for a pre-bail report against Luul Ali Tahlil, Nasteho Ali Tahlil and Zamzam Abdi Abdullahi to be presented to court before she can consider releasing them on bond.

The magistrate directed that the probation’s officer report on the three young women to be presented to court on October 7 for her to decide whether they will be released on bond alongside Ms Sagar.

According to the magistrate, the affidavit sworn by the investigating officer in support of the ground for denial of the accused bond left the court in suspense and yearning for more.

“At the end of the affidavit, I asked myself, is this all? Where is that magical compelling reason, I turned the page and there was nothing more,” said the magistrate.

She said the argument by the State that the offence which the accused are facing is very serious cannot hold.

Defence counsels argued that there was nothing in the affidavits that proves the accused are a flight risk.