The Director of Public Prosecution Noordin Haji has lost bid to cancel the bail and detain one of the suspects in the attempted murder of former Garissa Finance Executive Idriss Mukhtar.
Alternatively the prosecution had requested the court to put
Mohamud Hussein Aden under witness protection if not remanded on grounds that his life is in danger.
Aden is charged alongside one Charity Njoki who according to the police, used o co-habit with him.
They are charged with the attempted murder of Mukhtar and conspiracy to kill his lawyer he lawyer Charles Kanjama.
“There are compelling reasons that the respondent requires protection if not placed in custody pending the conclusion of the trial,” the prosecution argued.
It was their submission that Aden’s life is in danger and will be safe if under protection or in custody pending the hearing and determination of their case.
In an notice of motion by Sergeant Peter Kanangi who is the investigating officer in the matter, the police have received information that Mohamud’s life is under threat of being eliminated.
“If action is not taken to forestall any intended act of killing the accused person, the trial will be terminated and justice for both the respondents and the victims will not have been served,” the court heard.
It is the prosecution’s belief that it is in the public interest for the court to cancel Aden’s bail to protect him and the process.
However Mohamud objected the application saying that he was okay being out on bail and does not require state protection.
The victim’s family and lawyer Kanjama had moved to the High Court seeking to have the accused person’s bail cancelled on grounds that there were some issues in the probation report that were left out and would have been necessary in determining the bail application.
The High Court only temporarily suspended the order to release the two to allow the trial court determine another comprehensive probation report that was tabled before it.
However, the trial, after parties made their submissions on the comprehensive report, Chief Magistrate Francis Andayi ruled that was no additional information to warrant the cancellation of the accused persons bail.
The question is, if the police and the DPP have information on those threatening Mohamud, shouldn’t they arrest them instead of putting him back in prison for his own ‘safety’?
Shouldn’t the accused person be the one going to the police to file a complaint if he feels his life is in danger?
How does the state decide if an accused person’s life is danger and should therefore be incarcerated against his will pending the determination of the case?