DPP denies pressure from executive in terror case
Director of Public Prosecution Keriako Tobiko. Tobiko has on Tuesday denied being under pressure from the executive to refuse the release of a terror suspect on bail. PHOTO/FILE
What you need to know:
- The DPP, through state counsel Edwin Okello, was responding to an affidavit presented by Mr Dugal Ali, the owner of the motor vehicle which exploded at the Pangani police station in a suspected attack by Al-Shabaab militants on April 23.
- According to a new affidavit served to the trial court, intelligence has linked Mr Dugal to fresh terror plots while he is still behind prison walls and “his release may endanger public safety.”
- His lawyer has argued that if indeed this was true, then the responsibility for foiling any attacks fell with police and not with his client.
The Director of Public Prosecution (DPP), Keriako Tobiko has on Tuesday denied being under pressure from the executive to refuse the release of a terror suspect on bail.
He said he was an independent actor in the criminal justice system with a constitutional mandate to protect the interest of the public and would be at “a loss explaining to the very public why people with such serious offences are seen walking the streets free.”
The DPP, through state counsel Edwin Okello, was responding to an affidavit presented by Mr Dugal Ali, the owner of the motor vehicle which exploded at the Pangani police station in a suspected attack by Al-Shabaab militants on April 23.
Mr Dugal has been charged with sheltering one of the terrorists who died in the explosion and offering his car for use in carrying out the attack. He was granted a cash bail of Sh8 million and a hearing set to begin on July 1 before the DPP challenged the ruling and applied for cancellation of the bond.
The DPP said Mr Dugal’s bail should be cancelled “ so that the public maintains faith in the judiciary.”
However, lawyer Mbugua Mureithi in objection blamed “extraneous factors” which he said were at play in what he described as a “somersault” by the DPP.
Mr Mbugua said there was no new material facts the prosecution presented since May 12 when the suspect was charged and bail granted with the full approval of the DPP.
ENABLING TERRORISTS
He asked the magistrate to flex her judicial authority and “remain faithful in her individual capacity to protect the values enshrined in the constitution.”
“Unless you want to yield to pressure from the executive, the bail terms were commensurate to the alleged offences and should not be disturbed although they are as hefty and the accused has not been able to meet them,” Mr Mbugua said.
The prosecution had alluded that there were fresh terror attacks being planned of which Mr Dugal was party to.
According to a new affidavit served to the trial court, intelligence has linked Mr Dugal to fresh terror plots while he is still behind prison walls and “his release may endanger public safety.”
His lawyer has argued that if indeed this was true, then the responsibility for foiling any attacks fell with police and not with his client.
Mr Dugal was released on cash bail of Sh8 million and two Kenyan sureties amounting to Ksh20 million. He has also been ordered to be reporting to the anti - terrorism police investigators after depositing his bond .
Mr Dugal has since denied links with the Al-Shabaab and has sworn to attend his trial to conclusion.
He has been in custody since April 24 when he presented himself to the police after the incident.
The suspect will know his fate in two weeks when magistrate Lucy Mbugua rules on the application.
