Mombasa County Lands Executive Hussein Mohamed has been granted a Sh1 million anticipatory bond with strict conditions as he waits to know whether he will be charged over the abduction and gang rape of a blogger.
High Court Judge Wendy Kagendo on Monday ruled that Mr Hussein’s application for anticipatory bail to prevent his arrest and detention was valid.
“Having looked at the entire application, I find that it has merit. The applicant is hereby granted a bond of Sh1 million with one surety and contact person. He is also granted an alternative cash bail of Sh500,000 with two contact persons,” stated the judge.
Justice Kagendo simultaneously directed Mr Hussein alias Amadoh to deposit his passport with the court.
He was instructed not to leave the jurisdiction of the court without first obtaining permission from the court or without the court's knowledge.
“The applicant must continue to make himself available for interrogations by the Directorate of Criminal Investigations (DCI) as required and should fully cooperate with the investigators,” the judge said.
The judge further directed that Mr Hussein shall be issued a bond to attend court should a decision to charge him be made after the completion of investigations.
“The investigations should be completed within six months. The bond and bail terms here should also apply to other similar cases. If Mr Hussein fails to comply with summons, and there is sufficient evidence of service, then a warrant of arrest shall be issued,” the judge stated.
While delivering her ruling, the judge noted that she was not convinced that Mr Hussein’s arrest concerning the ongoing investigation was motivated by vendetta or political retribution, as alleged.
The judge also emphasized that investigators must ensure their inquiries are thorough and fair, rather than merely producing headlines that do not meet the constitutional threshold.
The court was informed last week that the DCI had completed its investigation into Mr Hussein alleged role in cyber-harassment linked to the abduction and gang rape of the blogger and has forwarded the file to the Office of the Director of Public Prosecutions (DPP) for review and further action.
Mr Hussein had sued DCI boss Mohamed Amin, DPP Renson Ingonga, and Inspector-General of Police Douglas Kanja, seeking to prevent them from arresting and detaining him for allegedly facilitating the abduction and gang rape of the blogger.
Mr Hussein was under investigation for violations of the Cybercrime and Computer Misuse Act in connection with the abduction and gang rape of the blogger who criticized Mombasa Governor Abdulswamad Nassir.
Mr Nassir has also provided a statement to the police regarding the heinous act committed on September 12.
In documents submitted to the High Court, Mr Hussein stated he was willing to assist the police with their investigations but feared he might be abducted.
The Lands CEC also expressed concerns about facing arrest and detention over unproven allegations that have not been disclosed to him, claiming a blanket offence of cyber harassment.
He asserted that the allegations of cyber harassment are politically motivated actions, omissions, and commissions against him due to the positions he holds in the county.
Four people have already been charged with abduction, gang rape and assault of the blogger. They are Ms Esther Muthoni John, alias Totoo, and Ms Violet Adera, alias Vayoo, Mr Abdul Hassan Athman, alias Sindimba, and Mr Haji Babu Ndau Mohamed, alias Achkobe or Jay.
