DPP loses bid to deny bail to Pangani blast suspect

A Nairobi magistrate has rejected a fresh bid by the Director of Public Prosecution (DPP) to cancel a Sh8 million bail granted to a man arrested in connection with the terror attack at Pangani police station.

Magistrate Lucy Mbugua, while dismissing DPP's application, said the bail terms were given by a competent court of due jurisdiction when the suspect was charged.

The suspect, Ahmed Dugal, is charged with being an accomplice of the terrorists who detonated a car bomb at the Pangani police station on April 23 killing the occupants alongside two police officers in a suspected Al-Shabaab attack.

“The court was asked to cancel bond on grounds that new information had since arisen, but finds none...,” magistrate Lucy Mbugua ruled.

She said Mr Dugal has been in custody since he surrendered on April 24 and the police have had enough time to profile him. Neither has new information linking him to two other suspects arrested during investigations been presented, she said.

The magistrate said police failed to divulge whether the two men who were arrested after Mr Dugal were connected to the Pangani blast or not.

“The DPP has not stated what they learnt after May 12... he is the one who presented himself and was in custody for 18 days while there was no indication that there were new findings since then,” the magistrate said.

She said the court was kept in the dark over the details of any progress in the investigations.

“I find that the reasons are not compelling to have bond cancelled,” the magistrate added.

Ms Mbugua lashed out at the Office of DPP for “trying to undo what he did on May 12” when he did not oppose the release of the suspect on bail, saying the court was not the proper forum for such redress “which may now be pursued elsewhere.”

“I find the application lacking merit...the accused has been in custody one month down the line where the police were able to get the details of his background and employment. For justice to be fairly dispensed, his trial must start expeditiously,” she said.

Mr Dugal is charged with sheltering one of the terrorists who died in the explosion. He is also charged with abetting terrorism by providing his car which was used in the attack. He has denied all charges.

The trial court granted him a bond of Sh10 million on May 12 with an alternative cash bail of Sh8 million and two Kenyan sureties before the DPP applied for a cancellation.

On Tuesday, prosecutor Duncan Ondimu said he would be moving to the high court to appeal the ruling.

Hearing begins on July 1.