A
Nairobi magistrate has rejected a fresh bid by the Director of Public
Prosecution (DPP) to cancel a Sh8 million bail granted to a man arrested
in connection with the terror attack at Pangani police station.
Magistrate
Lucy Mbugua, while dismissing DPP's application, said the bail terms
were given by a competent court of due jurisdiction when the suspect was
charged.
The suspect, Ahmed Dugal, is charged with
being an accomplice of the terrorists who detonated a car bomb at the
Pangani police station on April 23 killing the occupants alongside two
police officers in a suspected Al-Shabaab attack.
“The
court was asked to cancel bond on grounds that new information had since
arisen, but finds none...,” magistrate Lucy Mbugua ruled.
She
said Mr Dugal has been in custody since he surrendered on April 24 and
the police have had enough time to profile him. Neither has new
information linking him to two other suspects arrested during
investigations been presented, she said.
The magistrate
said police failed to divulge whether the two men who were arrested
after Mr Dugal were connected to the Pangani blast or not.
“The
DPP has not stated what they learnt after May 12... he is the one who
presented himself and was in custody for 18 days while there was no
indication that there were new findings since then,” the magistrate
said.
She said the court was kept in the dark over the details of any progress in the investigations.
“I find that the reasons are not compelling to have bond cancelled,” the magistrate added.
Ms
Mbugua lashed out at the Office of DPP for “trying to undo what he did
on May 12” when he did not oppose the release of the suspect on bail,
saying the court was not the proper forum for such redress “which may
now be pursued elsewhere.”
“I find the application
lacking merit...the accused has been in custody one month down the line
where the police were able to get the details of his background and
employment. For justice to be fairly dispensed, his trial must start
expeditiously,” she said.
Mr Dugal is charged with
sheltering one of the terrorists who died in the explosion. He is also
charged with abetting terrorism by providing his car which was used in
the attack. He has denied all charges.
The trial court
granted him a bond of Sh10 million on May 12 with an alternative cash
bail of Sh8 million and two Kenyan sureties before the DPP applied for a
cancellation.
On Tuesday, prosecutor Duncan Ondimu said he would be moving to the high court to appeal the ruling.
Hearing begins on July 1.
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