High Court Suspends Ksh. 50,000 Bail for Trafficking Case

The High Court in Kajiado has suspended the release of Enock Peterson Mwangi, alias Mwamburi Mwademe and Peterson Mwamburi, on a Ksh. 50,000 cash bail pending the hearing and determination of a revision application filed by the Director of Public Prosecutions (DPP).

The orders temporarily halt the execution of the lower court's decision to release the accused, who is facing multiple charges, including human trafficking and defilement.

The High Court issued the orders following an application by Principal Prosecution Counsel Rose Kihumba, who asked the court to review and set aside the lower court's decision to grant the accused cash bail.

The accused faces three counts of trafficking in persons, three counts of defilement and one count of conspiracy to commit a felony.

In seeking the revision, the prosecution argued that the decision to release the accused on bail could prejudice its case, citing concerns over witness safety, possible interference with witnesses and the risk of the accused absconding.

The prosecution further informed the court that the accused was facing similar charges in other courts in Kajiado, Malindi and Naivasha.

It also raised concerns that the accused could interfere with witnesses whom he allegedly had been harbouring at his residence for some time.

The prosecution urged the court to reconsider the bail decision, arguing that the circumstances surrounding the case warranted further judicial scrutiny before the accused could be released.

In response to the application, the High Court stayed the lower court's order granting the Ksh. 50,000 cash bail and directed that the revision application be heard inter partes, meaning both the prosecution and the defence will be given an opportunity to present their arguments.

The court is expected to consider the submissions from both sides before making a further determination on the bail issue.

The latest orders do not constitute a final determination of the revision application but preserve the position pending the inter partes hearing.

The case places the question of bail, witness protection and the integrity of ongoing criminal proceedings before the court, with the prosecution seeking to have the lower court's decision reviewed.

The accused remains entitled to the presumption of innocence until proven guilty by a court of law.