Chinese nationals facing illegal stay charges freed on bond

Some of the 10 Chinese nationals in a Nairobi Court on February 28, 2020. PHOTO | PAUL WAWERU | NATION MEDIA GROUP.

What you need to know:

  • Appearing before Milimani Senior Principal Magistrate Sinkiyian Tobiko, the migrants denied two counts of engaging in employment without a work permit and being unlawfully in Kenya.

  • The case will be mentioned on March 19.

Ten Chinese nationals arrested in Athi River Machakos county without valid travel documents have been released by a Nairobi court on a bond.

The suspects were freed onSh2 million bond each with a surety of similar amount.

Appearing before Milimani Senior Principal Magistrate Sinkiyian Tobiko, the suspects denied two counts of engaging in employment without a work permit and being unlawfully in Kenya.

The court heard that the migrants were arrested on February 26, 2020 while engaging in employment as supervisors of Sunda (Kenya) Industrial Company Limited without work authorisation.

They were also found to be unlawfully in Kenya as they lacked valid travel documents. Six of them had visitor’s visa, the court heard.

The prosecution was opposed to their release on bond on grounds that they were flight risks and the visitor’s visas are set to expire next month.

But the court found that their passports had already been confiscated by Immigration officials and therefore could not leave the country legally.

The magistrate further noted that denying an accused person a bond is restricting his or her rights and there was no compelling reason to order detention.

She termed the prosecution’s fear as just a general fear of dealing with foreigners.

The magistrate however rejected an application by the suspects to direct Immigration boss to process their legal trade documents pending the criminal trial.

Ms Tobiko told their lawyer to file the application before the Constitutional Court or the Judicial Review Court.

“The application may have a lawful foundation but it is declined as this court is not the proper forum.

"This is a criminal court with no constitutional or judicial review powers,” ruled the magistrate.

The case will be mentioned on March 19.