Two rugby players charged with gang raping a woman in 2018 have been released on a cash bail of Sh300,000 by a Milimani Law Court magistrate Zainab Abdul.
Alex Olaba (23) and Frank Wanyama (22) who were serving a 15-year prison sentence each for raping a woman in 2018 got a reprieve after the High Court ordered their retrial on June 30.
The two rugby players have been freshly charged with gang raping a local musician two years ago in a city apartment.
Wanyama and Olaba denied charges of rape and indecent acts when they were arraigned before a senior resident magistrate Zainab Abdul at the Milimani law courts Nairobi.
The duo are accused of gang raping a woman only identified as W.A on February 11, 2018 at Seefa Apartment in Highrise Nairobi.
The two international players are being retried after the quashing of a 15 year-jail-term handed down to them by chief magistrate Martha Mutuku last August.
“The two suspects are before this court today following an order of high court judge Lady Justice Ngenye Macharia they be retried after declaring a mistrial the earlier proceedings,” defence lawyer Jimmy Wafula Simiyu told Ms Abdul.
Mr Simiyu applied for their release on bond saying in the former trial the two had been granted a cash bail of Sh100,000.
“I urge this court to release the two suspects on similar bail terms as in the earlier trial,” said Mr Simiyu.
He further stated that the after being convicted and sentenced they had not reclaimed the cash bail.
The magistrate heard the cash bail is still held at the accounts department. She was urged to direct the same be forwarded to the current file.
Mr Simiyu said while the two were being returned to the lower court for retrial the judge directed the two not to interfere with witness statements or impede the dispensation of justice in any way.
State prosecutor Alexander Gikunda did not oppose the release of the two on bond.
He however said it’s the magistrate discretion to determine the bail to be granted to the suspects.
Granting bail, Ms Abdul said the offence against the accused is serious.
She warned them of dire consequences should they interfere with witnesses or interfere with the discharge of justice.
She enhanced the earlier bail terms by ordering each of the accused to deposit a cash bail of Sh300,000.
She enhanced the earlier bail term by Sh200,000. They had been out on a cash bail of Sh100,000.
In the event they fail to raise the Sh300,000 cash bail each was given an alternative bond of Sh500,000 with one surety.
The Kenya Harlequin players were ordered to return to court for pre-trial directions on July 21, 2020.