Kenya: Seventy-seven Chinese nationals accused of operating a private radio broadcasting service without a licence have now moved to the High Court.
They are seeking to have their bail terms application reviewed.
Justice Luka Kimaru on Thursday directed them to serve the Director of Public Prosecutions and Criminal Investigation Department with the application termed as urgent.
Through their lawyer, Tom Wachakana, the suspects who are in custody until police complete investigations, want to be released on bail on grounds that they have travel and identity documents.
They appeared before Resident Magistrate Hannah Kaguru after being remanded for five days at Gigiri Police Station.
They argued that the offence they have been charged with is bailable, according to the Kenyan Constitution.
"No compelling reason has been provided by the respondent to warrant the accused being denied bail terms," said Mr Wachakana.
Wachakana in the application said the suspects reside in Nairobi's Runda estate and that they will co-operate with the police.
He added there are no convincing reasons that the accused will abscond or not attend trial.
He further said holding them in custody until the hearing date on December 23 was unconstitutional because the police had condemned them guilty without a proof of innocence.
Thirty-seven Chinese nationals are accused that on December 1 at Runda estate house number 46, they were found operating a private radio broadcasting service without a licence from the Communication Authority.
They are also accused of being in Kenya unlawfully.
Forty more suspects were arraigned in court on Wednesday evening.
TOURIST VISA
The court heard the suspects were apprehended on December 1 in a rental house within Runda estate on a tourist visa.
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The prosecution made an application that the accused be remanded for 14 days because majority of them do not have valid documents to allow them to be in Kenya.
The prosecution added that it needed more time to file more charges against the accused.
The court was informed that the suspects do not understand English and 19 of them do not have identity cards.
Wachakana requested the court to release his clients on bail terms, saying the reasons given by the police were not valid.
"The accused are innocent until proven guilty. They will co-operate with the police when released on bail," he said.
The case will be heard today.
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