‘Shabaab brides’ ask court to release them on bond
What you need to know:
- On Wednesday, prosecutor Eugene Wangila opposed the release of the accused on bond saying they were a flight risk.
- The defence lawyer said there is no evidence that families of the accused wrote statements to justify claims by the prosecution that the accused allegedly left places they were without consent of parents.
- Defence lawyers had asked to be supplied with witness statements and any documentary evidence the prosecution intends to rely on.
Four women who are facing a charge of being members of Al-Shabaab terrorist group have urged the court to allow their application to be released on bond.
Ms Ummulkheir Sadri Abdalla, Ms Khadija Abubakar Abdulkadir, Ms Maryam Said Aboud and Ms Halima Adan Ali told the court that nothing has been produced to prove they should not be released on bond.
Through their lawyers Hamisi Mwadzogo and Oduor Okumu they told the court that they have constitutional rights to be presumed innocent until proved guilty.
Mr Mwadzogo who is representing three of them said the fact that his clients have been charged with terrorism related offences is not enough to deny them bail.
He said that an affidavit produced in court by the prosecution in support of opposition to bail does not contain compelling reasons.
“They (accused) have no duty to refute anything at this stage, it is the duty of the prosecution to prove what it is alleging,” said Mr Mwadzogo.
The defence lawyer said there is no evidence that families of the accused wrote statements to justify claims by the prosecution that the accused allegedly left places they were without consent of parents.
MERIT
On his part, Mr Okumu who is representing Ms Ali urged the court to treat the case with its own merit.
“Mere allegations that somebody wants to abscond (court) are not enough. There has to be evidence,” said Mr Okumu.
Mr Okumu said as long as the accused are given reasonable terms, no reason has been given to deny them bond.
Assistant Director of Public Prosecution Alexander Muteti said the affidavit in support to their opposition to deny the accused bond has not been responded to.
“Counsel (lawyers) had the opportunity to cross examine the person who swore the affidavit,” said Mr Muteti adding that the court is not being asked to do anything illegal.
On Wednesday, prosecutor Eugene Wangila opposed the release of the accused on bond saying they were a flight risk.
SUSPECTS VANISH
Mr Wangila told the court that there are several cases before courts where accused persons facing similar charges were released on bond and are now being sought internationally.
The accused who appeared before Mombasa senior principal magistrate Richard Odenyo allegedly engaged in criminal activities by being members of the terrorist group.
Ms Abdalla,Ms Abdulkadir and Ms Aboud are alleged to have committed the offence on March 27 this year at Elwak,Kenya Somalia border within Mandera county.
Ms Ali allegedly committed the offence on April 3 this year at Kyumvi, Nairobi road within Machakos County.
Defence lawyers had asked to be supplied with witness statements and any documentary evidence the prosecution intends to rely on.
On April 21, a magistrate allowed an application by the prosecution seeking to have Ms Abdulkadir,Ms Aboud and Ms Abdulla to continue being held in custody to allow police complete investigations.
The court will deliver its ruling on whether to grant bail or not on May 21.
