By Andrew Kariuki
The High Court has partially allowed a bond application by two men charged with the murder of an 18-year-old during celebrations in Nairobi’s Eastleigh area.
Justice J. Wakiaga ruled that Abdifatah Abdirashid Abdullahi, also known as “Lefty,” would be released on bond, while his co-accused, Mohamed Abdirazak Abdisamad alias “Masilver,” would remain in custody.
The two are jointly charged with the murder of Bashir Ahmed Abubakar, allegedly committed on the night of June 26, 2025, at Galole Street in Eastleigh, Starehe Sub-County. They both pleaded not guilty.
The prosecution opposed the bond application, arguing that the accused are Somali refugees with no fixed abode and were flight risks.
Police alleged the dispute leading to the killing arose from the sharing of proceeds from the sale of a stolen mobile phone.
Investigators said the second accused fled to Kakuma Refugee Camp after the incident, while the first accused was arrested at a lodging in Eastleigh.
In assessing the application, the court considered pre-bail reports, victim impact statements and submissions from both sides.
The court noted that the first accused is a Kenyan citizen with a national identity card, strong family ties in Nairobi, a fixed place of residence and supportive relatives willing to stand surety.
Local administrators raised no objection to his release.
However, the court found compelling reasons to deny bond to the second accused.
Justice Wakiaga observed that he is a registered refugee whose alien card had expired, with close family ties outside Kenya, making him a higher flight risk.
The court emphasized that bond is a constitutional right under Article 49(1)(h) of the Constitution but may be denied where compelling reasons are demonstrated.
Consequently, the first accused was granted bond of Ksh 500,000 with one surety of a similar amount, or an alternative cash bail of Ksh 200,000 with two Kenyan sureties.
He was also ordered to report to his area assistant chief every 30 days until the case is concluded.
The second accused will remain in custody pending trial.
The ruling was delivered on November 18, 2025.
