Kenya: The 40 Chinese nationals accused of operating an illegal cyber-hub in the country have made another effort to secure their release on bond in a Nairobi Court.
However, their plea for bail was vehemently opposed by the prosecution on grounds that they are a flight risk and the offence they are charged with is of a serious nature.
They made the application yesterday before Milimani Senior Principal Magistrate Lucy Mbugua.
The suspects told the court that their passports are valid and they will not abscond bail if granted. They claimed to have come into the country through the airport with a valid reason.
They said the prosecution is highly prejudicial because they are delaying their trial and opposing their bail term application.
According to them, accommodation arrangements have been made and they are willing to present themselves to the nearest police station every time they are needed.
Their lawyer, Sylvester Kibera, said there is no compelling reason given by the prosecution to deny the accused bail, adding that the offence is bailable because the charges are not serious.
However, prosecutor Daniel Karuri said their plea was a re-application and that no material change of circumstances of the accused has been made since the last application was heard.
Mr Karuri said he has not been informed of any accommodation arrangements regarding the accused. "The accused are of flight risk because they don't have a fixed abode and the offence they have committed is of a serious nature," he said. He added that while released on bond, they are likely to abscond trial. Karuri said they have concluded the investigations and were ready to proceed on March 18, but the court was not sitting.
He said he wished to conclude the case expeditiously. The ruling on bail terms will be delivered on April 8.
In December last year, the High Court declined to release on bond the other group of 37 Chinese nationals facing similar charges.
Justice Luka Kimaru ruled that even though the accused are considered innocent until proved guilty, it was not a sufficient reason for him to have them released. "The trial court is better placed to consider the merits of this case as well as grounds for issuing bail or not," Kimaru said.
This was the second effort by the group to secure their release on bond after a magistrate's court turned down their request earlier.
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