Politics and policy
By MAUREEN KAKAH, mkakah@ke.nationmedia.com
In Summary
- Forty Chinese hacking suspects denied bail on the grounds that they were unable to prove their legal presence in the country.
- Magistrate Enock Cherono said the suspects had not shown the court how they entered the country and therefore upheld the prosecution’s argument that they were a flight risk.
A Nairobi court Wednesday declined to release on bail
forty Chinese hacking suspects on the grounds that they were unable to
prove their legal presence in the country.
The foreigners, who were arrested in Nairobi’s Runda estate
on December 2, pleaded not guilty on Tuesday to the charges of illegally
running a telecommunication system, conspiring to commit a felony and
engaging in organized criminal activity.
They pleaded to be freed, arguing that they wanted to enjoy Christmas.
In his ruling, acting senior principal magistrate
Enock Cherono said the suspects had not shown the court how they entered
the country and therefore upheld the prosecution’s argument that they
were a flight risk.
The Magistrate said there had been convincing
reasons pointed out by the prosecution to protest the suspects’ bid to
plead for their release on bond pending trial.
“The accused have not shown that they have
passports and how they entered Kenya as well as evidence that they are
tenants; no particular landlord has appeared in court to claim tenancy,”
Mr Cherono said.
The Magistrate also upheld the prosecution’s
argument that if released, the suspects will most likely flee the
country, interfere with investigations or help other suspects who have
not yet been arrested to take off.
“In Kenyan law, courts decide on the compelling
reasons depending on the unique facts presented in the case, in the
absence of this, claims by the investigating officer remain
unchallenged,” Mr Cherono said.
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