Trial court upholds release of suspects in Idriss Mukhtar shooting on bail

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A Chief Magistrate’s court in Nairobi has upheld its decision to release two suspects accused of the attempted murder of former finance executive officer in  Garissa County on bail.

Mohamud Hussein Aden and Juliet Charity Njoki who had been granted a cash bail of Sh 500,000 were charged with the attempted murder of Mukhtar and conspiracy to murder his lawyer Charles Kanjama.

Kanjama had moved to the High Court seeking suspension of the order releasing the accused persons on bail on grounds that the trial court had failed to consider some of the issues raised in opposing bail.

While delivering the ruling, Chief Magistrate Francis Andayi said that there was nothing in the comprehensive probation report to make him deny the two bail.

The court heard that the two attempted to cause the death of Mukhtar by shooting him on the head in Kileleshwa, Nairobi.

Release on bail suspended

Kanjama and the family rejected the probation report and moved to the High Court on grounds that serious issues of consideration that should guide the court in determining the bail application were not considered.

Justice Grace Ngenye temporarily suspended the order temporarily and directed that a comprehensive probation report be tabled before the trial court in two weeks.

The applicants were requesting that the suspects remain in custody until the other suspects are arrested, investigations are completed and key witnesses testify.

The issues in contested included whether the accused persons are husband and wife since the police allege that they have been staying together in Garissa County, whether he is a county employee as it is alleged he is the security consultant of Governor Ali Korane; whether it is true Aden resides in Machakos County with a wife and three children, whether they are at flight risk, Njoki having been residing in Oman for several years among others.

The applicants had argued that Aden, an ex-military  is at flight risk as there are alleges plans to help him cross over the Somali border and make him  Somali National.

In the comprehensive report, a letter from Garissa County shows that Aden is not an employee of the County.

It was the court’s decision that his misconduct in the army cannot hold in this case as army matters are dealt with in a different manner.

Probation report findings

It was also confirmed Aden, his wife and children have been staying in their house in Machakos for over 15 years.

The court also heard his wife has been operating a shop in the area which has since been closed because people keep questioning the wife over the issue since it was highlighted in the media.

It was further established that Njoki does not refute allegations that she is in a relationship with the Aden. However, the court noted that there was no evidence to show the same since the even her family even aware of it.

On the other side, Aden is did show documents (marriage and birth certificate) to confirm that he is married with children.

She requested to be releases on bail saying that her family can protect her and even find alternative residence for her.

Magistrate Andayi also said that “according to the probation report, it has not been established that Aden is a security consultant of the Governor.”

He went ahead to say that “even if he was, it was not shown how this will impact the case.

Upon depositing the bail, the magistrate further ordered the two to provide two contact persons each who would ensure they attend court. He also directed them to deposit their passport or any other travel documents in court.

The case will bewntioned on 2nd November to confirm supply of documents and witness statement to the defense.