UN employee accused of assaulting ex-lover released on Sh2 million bond
By Peace Loise Mbae
| November 9th 2015
Nairobi, Kenya: A United Nations Environmental Program (UNEP) employee accused of assaulting ex-lover has been released on a Sh2 million cash bail by a magistrate's court in Nairobi.
The court also gave him an alternative of a surety of a similar amount or a Sh10 million bond to enable him to continue with his trial outside remand.
The bail decision was made Monday after Alphonse Kambi denied the charges of causing grievous harm to Ruth Gakii.
The prosecution had made an application to deny the accused bond pending hearing and determination of the case.
State Counsel Jacinta Nyamosi made the application on grounds that the accused was facing a serious offense attracting life imprisonment, was a foreigner and would interfere with witnesses.
However, in his ruling, Principal Magistrate Daniel Ogembo said the prosecution did not provide compelling reasons to deny the accused bail.
Ogembo said the fact that the accused was a foreigner did not mean he should be denied bond.
"The constitution states that every person has a right to bail without prejudice of whether a foreigner or a Kenyan," he said.
The magistrate also said the prosecution failed to give evidence of how the accused was likely to leave the country to avoid facing the law.
Ogembo indicated that although he agreed the accused was a foreigner, he had been living in the country for over eight years and no evidence was shown of him trying to leave. He said the allegations that the accused would interfere with witnesses did not hold any water.
"The witnesses in this case have already recorded statements and therefore interference of witnesses and likelihood of harming the complainant has not been supported with evidence," Ogembo said.
He also gave orders that the accused to deposit his passport in court and to avoid being in contact with the complainant either positively or negatively.
"Any form of interference with the complainant or witnesses will attract a revision of the bail terms," he ruled.
Ogembo also ordered that the accused present a written document from the UN indicating his terms of employment or whether he is to be transferred.
Kambi was arrested after UN wrote a letter indicating he did not have diplomatic immunity.
Ms Nyamosi presented the court with the letter from UNEP indicating that the accused alleged conduct was not protected under the UN immunity accorded to their employees.
"UNEP conquers that the alleged acts are not covered under UN privileges and Immunities accorded to UN officials and wishes to assure the ministry of commitment and cooperate with the authorities of the Government in this serious matter," read the letter.
The case will be heard on January 22 next year.
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