Friday, August 24, 2018

Nairobi businessman accused of bribing Sonko freed on bail

Praful Kumar Premchand Saula Businessman Praful Kumar Premchand Saula before a Mombasa court. He denied offering a Sh5million bribe to Nairobi Governor Mike Sonko to approve and continue building Grand Monar Hotel in Gigiri, Nairobi. PHOTO | BRIAN OCHARO | NMG 
BRIAN OCHARO

Summary

    • Mombasa court said prosecution failed to provide compelling reasons to deny the suspect bond
    • The court dismissed prosecution claims that the accused will interfere with investigations
    • The prosecution had applied to have the suspect locked up in custody pending conclusion of investigations.
A city businessman accused of offering a bribe to Nairobi Governor Mike Sonko to approve construction of his hotel in Gigiri has been released on a Sh500,000 cash bail.
Praful Kumar Premchand Saula was alternatively released on a Sh1 million bond with one surety of a similar amount.
While releasing the suspect on bond, Mombasa Senior Principal Magistrate Henry Nyakweba said prosecution failed to provide compelling reasons to deny the suspect bond.
“Having considered submissions by the prosecution, I find that there are no compelling reasons to deny the suspect bail,” the magistrate ruled
He further ordered the suspect not to leave the court's jurisdictions without the permission of the court.
He dismissed claims by the prosecution that the accused will interfere with investigations, a flight risk and that detectives were still investigating his wealth and how he acquired them.
Mr Nyakweba also dismissed state’s argument that the suspect’s place of abode was not known and that the charges he is facing are serious and that attract a jail term of up to 10 years and with a fine of Sh5 million if convicted.
CCTV footage
“The court has not been told where the CCTV footage is being analysed and how the suspect will interfere with the said analysis.
"One would wonder how an ordinary Kenyan would jeopardise investigations being conducted in a government installation,” he said.
“The suspect was charged under the Bribery Act, therefore the issue of the suspect’s assets being investigated does not arise. In addition, there is no provision that the accused must be incarcerated pending conclusion of investigations,” he added
The magistrate said that the law will take its course should the suspect interfere with investigations.
Mr Kumar denied offering a Sh5 million bribe to the governor to approve and continue building Grand Monar Hotel in Gigiri.
The charge sheet states that the accused, being a private person as a businessman and proprietor of Grand Manor Hotel in Nairobi, offered a financial advantage of Sh5 million to the governor in order to approve and continue with construction on LR 91/239 into a case in which the complainant is involved, a matter relating to the affairs of the said pubic body.
The suspect is further charged with a second and third count of offering a Sh2 million to the governor for approval of the construction of the building.
The prosecution said the suspect committed the offence on August 20, at Kanamai in Kikambala, Kilifi County.
Bundles of money
The suspect was arrested with the bundles of money he is accused of offering Mr Sonko to have the construction works in his hotel to proceed.
The prosecution had applied to have the suspect locked up in custody pending conclusion of investigations.
They are also opposed to the accused being released on cash bail.
State Counsel Eugene Wangila had opposed the release of the accused on bail on grounds that investigators were still compiling more details about the suspect.
Mr Wangila stated that the prosecution is yet to be furnished with the suspect's travel documents, details of his place of abode, registered phone numbers, his assets both in the country and outside before he is granted bail.
“Charges facing the suspect are very serious, we can’t wish them away and assume he is not a flight risk.
"We are yet to be furnished with the suspect’s documents so that the prosecution can be comfortable even if he is granted bail,” Mr Wangila said.

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