Chief Magistrate Lucy Mbugua says information provided by kidnap suspects questionable

Some of the accused. [PHOTO: STANDARD/FILE]

By FRED MAKANA

NAIROBI, KENYA: A Nairobi court has declined to review bail terms for all the ten suspects believed to be behind kidnapping of twin girls from Nairobi’s Westlands area in October.

Chief Magistrate Lucy Mbugua upheld prosecution’s assertions that information provided by some of the accused from their rural and residential homes in Nairobi was not enough to grant them new bond terms.

The ten among them Joash Opiyo Jagero, an ex-AP, Geoffrey Obwaka Osumba, Fredrick Kyumwa Muta, Geoffrey Muia Mutune, Clifford Okoth Ongugo, Patrick Mwendwa Musili, Francis Luseka Ilondanga, Mark Stevene Oduk and Gabriel Otema Otieno had through their lawyers requested the court to consider a review of their bond terms citing inability to raise the amount required in order to be admitted to bail.

The accused who have been in custody since October are charged that on October 3, at Brookside on Grivellia Groove in Westlands, Nairobi county, they jointly with others not before court kidnapped the two girls both aged 14 years.

Prosecutor and Senior Superintendent of Police Brigid Kanyahi Tuesday strongly opposed the admission of the accused to bail on grounds that they failed to provide sufficient information on their pre-bail reports to warrant a review of the Sh2 million cash bail they were required to deposit with the court to secure their freedom.

Kanyahi said the first accused Joash Opiyo Jagero failed to reveal in his report details of another case that is pending before Kibera law court. She said the supplementary report provided by the probation officer noted that Jagero is among the accused persons in the other case that is yet to be determined.

“Some of the details provided by the first accused raises eyebrows as to who are some these people that want their bond terms reviewed and sent back to the community,” Kanyahi told court. 

Opiyo was dismissed from the police force after he was linked to the theft of Sh80 million from a city bank.

A Kibera court had already issued a warrant of arrest against Opiyo for jumping bail in the case before he was arrested in connection with the Westlands kidnapping ordeal in which the kidnapers were demanding Sh86 million.

The prosecutor also informed the court that the second accused in the kidnapping case Geoffrey Obwaka failed to provide his identity card and a report by an assistant chief from his rural home in Aero gave two names while those captured in the supplementary report were three.

 She also noted that the second accused’s residential home remains unknown despite a letter by an assistant chief from his rural home in Aero.

The prosecution also opposed the release of the fourth accused Geoffrey Muia Mutune on grounds that the accused hails from Makinya Sub-location but his identification letter in the pre-bail report had been allegedly written by one Onesmus Kioko an assistant chief from Kalawa sub-location.

The magistrate directed the accused to canvass with the trial court for consideration of new bond terms once trial kicks off. She ordered the accused to remain in custody with a mention of the case expected on January 14.