Kilifi Deputy Governor Gideon Saburi will remain in custody for seven days until April 15, 2020, when the court will decide whether to grant him bond. This decision comes after the court dismissed the prosecution's request to detain Saburi for 14 days at Manyani Maximum Prison. The prosecution had argued for his detention based on allegations that Saburi had ignored a government directive to self-quarantine after returning from a country affected by the coronavirus. However, Senior Resident Magistrate Ms. Rita Amwayi ruled against this, stating there was no authentic medical report proving that Saburi was infected with Covid-19.
Ms. Amwayi further explained that detaining Saburi at Manyani Maximum Prison would be unlawful, as it is not designated as a Covid-19 isolation center. She emphasized that the facility cannot be used to hold individuals under quarantine for the virus, underscoring the importance of adhering to legal protocols in handling such cases. Saburi has denied the allegations of failing to self-quarantine, which have been a point of contention in the proceedings.
The court also addressed remarks made by President Uhuru Kenyatta, who had suggested that Saburi should be jailed for ten years. The magistrate criticized these comments, noting that they could prejudice the case. "Don’t be afraid of the words by the President," Ms. Amwayi stated, reinforcing the judiciary's independence. She assured that the judiciary is a free and independent institution, not subject to influence by any state organ, including the executive.
Defense lawyer George Kithi argued that the President's remarks could potentially sway the proceedings. He expressed concern that the sentiments might influence not only public perception but also the actions of the Director of Public Prosecutions. Kithi urged the court to consider a reasonable bond or cash bail for Saburi, stressing the need for fairness and impartiality in the judicial process.
As the case continues, all eyes will be on the Mombasa law courts on April 15, when the magistrate will deliver her ruling on whether Saburi will be granted bond. The outcome of this case is being closely watched, as it highlights the tension between the executive and the judiciary, as well as the challenges of enforcing public health directives during the Covid-19 pandemic.
