KIGUMO MAGISTRATE THREATENED TO RELEASE TWO FOREIGN ACCUSED AFTER THE STATE DISOBEYED COURT ORDER

KIGUMO MAGISTRATE THREATENED TO RELEASE TWO FOREIGN ACCUSED AFTER THE STATE DISOBEYED COURT ORDER

 

 

 

By Chris Ojow

 

 

 

In a Court order issued on Monday 31st May year 2021 on the eve of

the Country Celebrating its 58 years of self rule, where women and

men made huge sacrifices so that the Citizens of the Beautiful

Nation East and Central Africa Super Power Could enjoy the

freedom and Liberty.

 

 

 

 

 

As two applicants Solomon Nduba Abuzike and Cletus Okeke

Onyabuchi Nigerian Nationals who were remanded at Nyeri

Maximum Remand Prison after being charged with two counts at

the lower criminal Court and released on bond, it is not yet

freedom.

 

 

 

 

The applicants through their Officer of the Court Elkana Mogaka in

a second order issued by Kigumo Senior Resident Magistrate HON.

E. S. Agade clearly stated that if the State Prosecution and the

Investigating Officers will continue to disobey the second Court

order, then the Court has its discretion to issue new directions

which will not be favorable to the State but inline to the Country

Constitution in adhering to the rights of the accused under Article

50 and 49.

 

 

 

 

 

Senior Resident Magistrate in order number five stressed that the

trial Court will consider a review of the bond to facilitate the

release of the accused persons from the Custody since the

Investigating Officers at The Directorate of Criminal Investigation

Makuyu Police Station seem not to be in a hurry to complete their

investigations and the rights of the accused must be adhered to

inline with the law.

 

 

 

 

 

In the new 2010 Constitution of the Republic of Kenya Article 25

clause 1 and roman (a), (c) states that : Rights and fundamental

freedoms shall not be limited to freedom from Torture, crul,

inhuman or degrading treatment or punishment and the right to a

fair trial.

 

 

 

 

 

The application in a criminal case number E861of year 2021 filed

and received at Kigumo Senior Principal Magistrate Court by the

two applicants Nigerian Nationals against the State prosecution for

deliberately defying Court order in the first order issued by the

lower criminal Court, directing the DCI Makuyu Police Station to

facilitate Nyeri Maximum Prison Officer in charge with the accused

mobile phones, to enable the accused contact their families in

processing their release from the remand and attend the trial

proceedings, after the duty Court during plea taking was satisfied

with the oral submission made by the defence counsel Elkana

Mogaka, in requesting for the release of his client through bond.

 

 
In Article 49 of the Constitution clause 1 roman (c) clearly state that

the accused has the right to communicate with a person whose

assistant may be helpful and necessary.

 

 

 

 

In the second Court order, the DCI Makuyu Police Station to collect

the cell phones belonging to the accused from the Cyber crime

Offices.

 

 

 

 

And present the said mobile phones to Kingongo Prison to the

Officer in charge of remandees who will then facilitate to the

accused person to access relatives to process their release from the

Prison.

 

 
And the matter before Senior Resident Magistrate Kigumo lower

Criminal Court Hon. E. S. Agade, State Prosecutor Ms. Edith, Court

Assistant Mr. Zachary and the Advocate of the High Court of Kenya

Elkana Mogaka representing the accused will be mentioned on

Monday 07th June year 2021 at 9am East Africa Time at the trial

Court Kigumo, where the trial Court will be informed on the

implementation of the order.