The Director of Public Prosecutions has suffered a blow after failing to block the release of a businessman accused of offering a Sh5 million bribe to Nairobi Governor Mike Sonko.
Nairobi businessman Praful Kumar Premchand Saula on Friday walked to freedom after paying Sh500,000 cash bail.
While granting bond, Mombasa Senior Principal Magistrate Henry Nyakweba said prosecution failed to provide compelling reasons to deny the suspect bond.
“Having considered submissions by the prosecution, I find that there are no compelling reasons to deny the suspect bail,” he ruled.
The magistrate gave a condition that that the suspect should not leave court's jurisdictions without the permission of the court.
He dismissed claims by the prosecution that the accused would interfere with investigations, was a flight risk and that detectives were still investigating his wealth and how he acquired them.
Mr Nyakweba also dismissed State’s argument that the suspect’s place of abode was not known and that the charges he is facing are serious and attract a jail term of up to 10 years and with a fine of Sh5 million if convicted.
PROBE
"One would wonder how an ordinary Kenyan would jeopardise investigations being conducted in a government installation,” he said.
"In addition, there is no provision that the accused must be incarcerated pending conclusion of investigations.”
He said the continued detention of the suspect would be contrary to the constitution that provides that one is presumed innocent until proven guilty.
The prosecution asked the court to consider the seriousness of the offence, sentence when one is convicted and public interest in the matter but this was equally dismissed.
“The sentence provided for in the offence before the court is not mandatory, we have had murder cases where suspects are granted bail and yet the terms are mandatory.
"Here, terms can range from one day to 10 years or Sh1million to Sh5 million,” he said, adding that public interest cannot be achieved through continued incarceration of the accused.
The charge sheet states that the accused, being a private person as a businessman and proprietor of Grand Manor Hotel in Nairobi, offered a financial advantage of Sh5 million to the governor.
The suspect is further charged with a second and third count of offering a Sh2 million to the governor for approval of the construction of the building.
The prosecution said the suspect committed the offence on August 20, at Kanamai in Kikambala, Kilifi County.
The suspect was arrested with the bundles of money he is accused of offering Mr Sonko to have the construction works in his hotel proceed.
The suspect, trough his lawyer Kennedy Marete, successfully lobbied for his release on bail stating that he is hypertensive and diabetic thus needed close monitoring.
The lawyer said the accused has no difficulty in defending himself as he is innocent in each of the offences he is charged with
He added that regardless of the offence the suspect accused is facing, the right to bond still exist and that the prosecution has no compelling reasons to deny him bond.
The prosecution had opposed the release of the suspect on bond arguing he will interfere with investigations and analysis of CCTV footages which are still ongoing.
State Counsel Eugene Wangila said the prosecution is yet to be furnished with the suspect's travel documents, details of his place of abode, registered phone numbers, the scope of his assets in and outside the country.
He also stated that deliberations are ongoing to have the Ethics and Anti-Corruption Commission (EACC) investigate the suspect's asset base and how he acquired his wealth.
