Court has directed the investigation officer to furnish it with a pre-bond/bail report within 14 days from today in a matter where one Hajio Maalim Noor has been charged with murder.
The accused person appeared before justice Muya virtually and denied that on the 1st day of February 2023 at Mandera market East sub-county within Mandera county jointly with another not before court murdered Hashim Okash Mohamed.
While applying for bond/bail Hajio Maalim Noor through his lawyers Mr Muriithi and Musdaf asked the court to free him on a reasonable bail or free bond on grounds that he is not the one who committed the crime
They told the court that the accused person is being punished for a crime allegedly committed by his employee who fled to Somalia after committing the heinous crime.
They further told the court that the accused person is a Kenyan citizen by birth and he is not a flight risk.
” The accused has a fixed place aboard and he is a married man with children who solely depend on him.”
However, the family of the deceased through their lawyers Danstan Omari, Shadrack Wambui and Brian Mabeya strongly opposed him being released on bail on grounds that he is likely to interfere with witnesses because they come from the same area.
They submitted that the victim’s family was approached for maslah to settle the matter by being paid with camels but they rejected the offer.
“I urge the court to take judicial notice that this might be a few of the cases where the family has refused that customary practice and wants the rule of law” Court heard
They also submitted that the accused person will be in danger if released on bail alleging that after the murder tension was very high, had the police not acted with speed lots of lives and properties would have been damaged
“The accused and deceased come from two different clans if released certainty of peace cannot be guaranteed unless the investigation officer confirms the ground has no hostility that was there”
Justice Muya directed the investigation officer to file and serve an affidavit on the existence of compelling reasons for the denial of bail and to be furnished with a pre-bond/bail report within 14 days.
The matter will be mentioned on 14th march 2023
