HIGH COURT FREE BISHOP MARGRET WANJIRU ON A CASH BAIL OF 100,000

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Bishop Margaret wanjiru before Nairobi magistrate where he pleaded not guilty to malicious damages charges.
BY SAM ALFAN.
 
High Court has  freed Bishop Margaret wanjiru this afternoon been granted a cash bail of 100,000 shillings.
 
This is after she moved to the higher court under a certificate of urgency through his lawyer Kennedy Ochieng saying that the magistrate court erred in law by detaining her for five days in police custody.
 
Judge Ngenye Macharia directed that the application be served upon the DPP for inter party hearing on the 10th of May this year.
 
Wanjiru filed a review of the magistrate orders arguing that the orders infringes on her fundamental rights .
Wanjiru who was charged with creating disturbance contrary to section 95 (1)(b)of the penal code argued that her rights to fair trial was infringed.
“The applicant is hereby set free upon payment of cash bail of 100,000 shillings,court ruled.”

Nairobi Court yesterday detained Bishop Margret Wanjiru for five days.

Chief Magistrate Francis Andayi directed her to deposit a cash bail of 500,000 and 2 sureties after five days.

“A situation where there’s a threat of witnesses cannot be wished away. And in these case the prosecution told the court key witnesses runaway during the incident and they are yet to be traced and interest of justice will be well served if the court denies bail” said Magistrate.

He further said that though both offences are misdemeanors threat of violence during elections in Kenya is not something to be wished away.

This morning police sought Bishop Margaret Wanjiri detained in police custody pending hearing and determination of a criminal case.

In an affidavit, Corporal Shadrack Mbila Police want Jubilee Governor aspirant candidate detained pending hearing and determination of her trial.

Lawyer Kennedy Ochieng for bishop Margret Wanjiru with Wanjiru's son Steve Kariuki outside Milimani law court after they obtained orders to release the bishop.
Lawyer Kennedy Ochieng for bishop Margret Wanjiru with Wanjiru’s son Steve Kariuki outside Milimani law court after they obtained orders to release the bishop.

According to affidavit by Corporal Shadrack Mbila of Directorate of criminal investigation, the Jubilee governor aspirant was accompanied by a crowd of about 50 people who were rowdy and chaotic and stormed city park polling station in Parklands-Nairobi County.

The court heard that due to fear and apprehension the clerks fled from the scene .due to the tension. The court further heard that the said polling clerks are yet to be traced.

“The accused person is an influential member of the society and there is high possibility of the accused to influence and intimidate the potential witnesses who are yet to record statement.

Shadrack said investigations are still being conducted against Margret Wanjiru and others who are not before court, and there is a likelihood that more charges are going to be preferred against her.

“The charge of malicious damage is a very serious offence that attracts a very severe sentence and therefore the accused is at flight risk” said affidavit.

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