Court of Appeal upholds bail for terrorism suspect
Court of Appeal Judges Philip Waki, Roselyne Nambuye and William Ouko say release on bail is a right enjoyed by an accused person. FILE PHOTO | NATION MEDIA GROUP
A terrorism suspect got a reprieve after the appellate court turned down a request by the Director of Public Prosecutions (DPP) to overturn her release on bail, pending the outcome of the criminal trial.
Court of Appeal Judges Philip Waki, Roselyne Nambuye and William Ouko not only upheld that release on bail is a right enjoyed by an accused person, but also lashed out at the DPP for wasting time that could have been used to end the case earlier.
CASE
“The time and energy with which the prosecution has spent pursuing the issue of bond from the subordinate court through to this court would properly have been utilised to bring witnesses to testify and, considering that there are only seven witnesses, according to the prosecution counsel, the case would have long been concluded,” they said.
The DPP had argued that Nuseiba Mohammed Haji Osman, alias Ummu Fidaa, alias Ummulxarb, was a notorious criminal and a threat to public safety, who could flee the country to escape trial because she could be jailed for 30 years if found guilty.
The judges acknowledged that, while terrorism-related charges are serious and a suspect might be tempted to flee in order to avoid trial, the prosecution had conceded that, since she was released on bail, she had faithfully complied with the bond terms and had been consistently reporting to the Anti-Terrorism Police Unit (ATPU).
The DPP’s fear that she could leave the country because she had an air ticket to Kigali, Rwanda, was also challenged by Kenya Airways, which confirmed that she had only a one-way ticket from Entebbe to Nairobi.
The particulars of her associates, with whom she was said to have communicated before her arrest, were not disclosed.
“The prosecution, having based their claims against Ms Mohammed on speculation and conjecture, did not expect the court to give countenance to such complacency,” the judges said.
Ms Mohammed, a Kenyan and fourth-year medical student at the Kampala International University, Uganda, was, at the time of her arrest, an intern attached to Mubeda Hospital in Uganda.
She was arrested on June 5, 2016, by ATPU officers at the Entebbe International Airport, allegedly planning to fly to Kenya after learning of her husband’s arrest.
