KENYA: Ex-PS and tour firm boss bailed out bail

By NATION REPORTER

Two former tourism officials and a businessman who were jailed for fraud have been freed on bail.

Former Tourism permanent secretary Rebecca Nabutola, former Kenya Tourism Board boss Ong’ong’a Achieng’ and Mr Duncan Muriuki were freed on Friday on a Sh500,000 cash bail each pending hearing of their appeal against jail.

They were locked up in September after Senior Principal Magistrate Lucy Nyambura (now judge) found them guilty of conspiring to defraud the ministry of Sh8.4 million in June 2007.

The accused had spent three months in prison.

Recall witnesses

In their memorandum of appeal, the three have faulted the magistrate for violating Section 200 of the Criminal Procedure Code by taking over the case from another magistrate without giving them the opportunity to recall some witnesses.

Mr Justice Msagha Mbogholi ruled that chances of the accused’s appeals succeeding are very high, and that releasing them on bail would not cause any prejudice to the case.

“They are not a flight risk and have never posed a threat of jumping bail, therefore, it is not justifiable to deny them bail,” the judge ruled.

The accused had to deposit their passports in court to secure their release.

Source: Saturday Nation (01/12/2012): http://www.nation.co.ke/News/Ex-PS-and-tour-firm-boss-bailed-out-bail/-/1056/1634000/-/100vgft/-/index.html