High Court rejects lower bail for Dusit attack suspect
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The judge said the magistrate's court erred when it purported to review the bond terms imposed by the High Court.
It was the third time Mr Ali was before Justice Kimaru on matters related to bail terms.
The High Court has overturned a magistrate's decision to release a terror suspect linked to Dusit Hotel Complex attack on a cash bail of Sh200,000.
Justice Luka Kimaru restored a bond of Sh2 million with two sureties of the same amount that he had imposed on the suspect Muktar Ibrahim Ali before the lower court reviewed them downwards on December 5, 2019.
The judge said the magistrate's court erred when it purported to review the bond terms imposed by the High Court.
"If Mr Ali desired the court to revisit the bond terms that it had earlier imposed, nothing would have been easier than to approach this court for appropriate relief. To make an application before the trial magistrate’s court seeking to review the decision of the High Court smacks of mischief on his part. The magistrate’s court has no jurisdiction to review a decision of the High Court as in the present circumstances," said Justice Kimaru.
He was ruling on an application filed by Director of Public Prosecutions challenging the lower court's powers to review bond terms imposed against the suspect, a Mandera Quran teacher.
It was the third time Mr Ali was before Justice Kimaru on matters related to bail terms. In the first ruling delivered on April 12, 2019, the judge allowed Mr Ali's application to be released on bail pending trial on condition that he deposited bond of Sh5 million with two sureties of the same amount.
In addition, Mr Ali was required to periodically report to the Anti-Terror Police Unit at Mandera until further orders of the court.
But he was dissatisfied with the terms of bond and on May 15, 2019, he made an application to have the bond terms revised.
The High Court in a ruling dated July 17, 2019 favourably considered the application and ordered the bond terms to be revised downwards to the sum of Sh2 million with two sureties of the same amount.
However, it appeared that Mr Ali was not able to meet the bond terms and on August 13, 2019 he made an oral application before the trial magistrate’s court seeking to further review the bond terms.
Though the prosecution had objected to the application on the ground that the trial magistrate lacked jurisdiction to review the bond terms, the trial magistrate overruled the prosecution’s objection and proceeded to grant Mr Ali a cash bail of Sh200,000 with two Kenyan sureties.
The prosecution was aggrieved by that decision and rushed to Justice Kimaru raising the question of whether the lower court had authority to review a decision rendered by the High Court.
Mr Ali is facing charges related to conspiracy and aiding the commission of terrorist acts, which he has denied and is under trial.
