Bashir Ali Gabow and Mohamed Muhamud Abdi have been detained since March 25, 2022, after the presiding Magistrate denied them bond pending the hearing and determination of their case.
It took the intervention of lawyer Dunstan Omari, who made an application before magistrate Apondi to have them released on bond on the grounds that their alleged offense is bailable under the law.
“The accused have the constitutional right to be released on bond or bail under Article 49 (1) (h) since they are innocent until proven guilty,” Senior Counsel Dunstan Omari argued.
The counsel also told the court that the suspects are not a flight risk and that having them imprisoned since March is a constitutional violation of fundamental human rights.
The two were charged on February 25, 2019 at South B, Industrial Area, Makadara Sub County within Nairobi county, with intent to defraud, obtained Sh 7,500,000 from Amina Elmi Hassan by falsely pretending that they were capable of selling Akrama Apartment Limited Shares to the said Amina Elmi Hassan knowing the deal to be fraudulent.
Kimani Wachira, the victim’s lawyer, had opposed their release on bail, claiming that they are a flight risk and will interfere with witnesses if released on bail or bond.
“The accused are likely to obstruct witnesses, including the victim, who is a woman,” Wachira said.
However, the court granted Omari’s application, releasing them on Sh 1.5 million cash bail.
The case is being heard in court.
