DPP Keriako Tobiko wants Hania Said to stay in remand
Hania Said Sagar, widow of slain Muslim cleric Sheikh Aboud Rogo, in a Mombasa court on September 16, 2016.
What you need to know:
- Judge Chepkwony advised the prosecution to appeal her ruling at the Court of Appeal within seven days.
- Mrs Rogo was granted bond after the court established that the State had not given valid and convincing reasons to deny her bail.
- The suspect, the magistrate said, was unlikely jump bail or interfere with the case
The chief public prosecutor has filed a notice to appeal against a High Court ruling that upheld a decision to release the widow of controversial Muslim cleric Sheikh Aboud Rogo on a Sh1 million bond.
Director of Public Prosecutions Keriako Tobiko on Thursday said he was not satisfied with the court's decision to uphold the bond granted to Ms Hania Said Sagar by a Shanzu magistrate.
“The DPP is dissatisfied with the whole decision of the judge entered on October 18, whereby the bond granted to the respondent by a magistrate was confirmed and our application to revise the bond was dismissed,” Mr Tobiko said through Senior State Counsel Daniel Wamotsa.
JUMP BAIL
In her ruling, Lady Justice Dorah Chepkwony said Shanzu Senior Principal Magistrate Diana Mochache exercised discretion on the matter, and that the prosecution had not given a valid reason against the decision.
After upholding the magistrate’s decision, Judge Chepkwony advised the prosecution to appeal her ruling at the Court of Appeal within seven days.
Ms Mochache said she freed Mrs Rogo on bond after establishing that the State had not given convincing reasons to deny her freedom.
The suspect, she said, was unlikely skip court sessions or interfere with the case.
WON'T ESCAPE
"The accused is a mother and her children are likely to be affected by her continued detention," the magistrate ruled.
"She will not escape and if she does, police will find her".
The prosecution, led by Senior Assistant Director of Public Prosecutions Alexander Muteti, had moved to the High Court to suspend the bond terms.
Mr Muteti had argued that the suspect was a flight risk and had links with terror networks in Australia.
REMAIN IN REMAND
Despite the High Court ruling, Mrs Rogo will remain in remand pending the hearing of the matter at the Court of Appeal.
The widow and other three young women, Ms Luul Ali Tahlil, Nasteho Ali Tahlil and Zamzam Abdi Abdullahi, are facing three terrorism charges linked to the September 11 attack at Central Police Station in Mombasa.
The four have been accused of conspiring with three other women, Tasnim Yakub Abdullahi Farah, Ramla Abdirahman Hussein and Maimuna Abdirahman, to attack the police station.
They are also accused of failing to disclose to the government information that could have prevented a terror attack.
The suspects have since denied the charges.
