Separatist leader Omar Mwamnuadzi who was arrested by police last week was Monday freed by a magistrate on Sh200,000 bond.
The magistrate disregarded the State’s objection to Mwamnuadzi’s application for bond and ruled that the chairman and founder of Mombasa Republican Council (MRC) has a constitutional right to be freed on bond.
Mwamnuadzi has had run-ins with the Government since October 1, 2012, when he was first arrested over secessionist activity.
He faces many cases in Kwale and Mombasa courts. He was arrested last week in Kwale to face three charges of being a member of an organised criminal group, contributing and receiving money against the law and incitement to violence.
Monday he appeared before magistrate Paul Mutai for bond application.
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The prosecution, led by Cecilia Wakoli, opposed the bond terms saying the accused had several criminal cases in Mombasa. “We are opposed to the bonds terms because the suspect has several criminal matters in other courts,” said Mr Wakoli.
Mwamnuadzi, who was not represented, asked the court to release him on bond for him to seek medical attention while at home.
When he appeared in court last week, he complained that police had roughed him up during his arrest.
The magistrate said the accused had a constitutional right to get reasonable bond terms unless there were compelling reasons for denial of the same.
“Prosecution has said that the accused has several criminal cases which the court has considered but there is no case that he has been convicted and no cases of him absconding hearing,” said the magistrate.
Mutai noted that reasons given by the prosecution for the accused to be denied bond terms were therefore not compelling.
“The accused is, therefore, asked to pay a bond of Sh200,000 and surety of the same amount,” ruled Mutai.
He set the case be heard on March 28, this year, and mention be on February 15.
He also directed the accused to desist from engaging in activities that could jeopardise his case.
The accused was arrested on January 24, 2016, at his Ng’ombeni home where he was found receiving Sh210,200 against the law.
According to police, Mwamnuadzi was also found with articles written ‘Pwani si Kenya’ which was meant to incite Coast people against the Government.
Mwamnuadzi was brought to court under heavy armed escort by police officers and prison warders.
His supporters and family members jammed the court.