MAGISTRATE WAS INFLUENCED BY SOCIAL MEDIA OUTBURSTS TO DENY US BAIL, NYS SUSPECTS CONTEST.

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National Youth Service (NYS) before Nairobi Anti-Corruption court in Nairobi.
BY SAM ALFAN.
NYS suspects have appealed a decision denying them bail.

James Thuita and Yvonne Wanjiku Ngugi through lawyer Mwanza Gachie claim that the Magistrate Douglas Ogoti failed to uphold the presumption of innocence until proven guilty.

They say that they should have been granted bail because they would have given an undertaking to appear before court whenever called upon.

In the appeal, they say the prosecutor did not present any evidence at all to show that the applicant were likely to abscond court in the event they were granted bail.

They also claim that they are sickly and in dire need of specialized treatment.

The magistrate, they say failed to consider application for bail on their own merits and delivered an omnibus ruling for all accused persons based on social media outburst against corruption.

While denying the accused persons bail, Mr Ogoti took judicial notice of the fact that social media has been airing instances of economic crimes on almost day to day basis.

The two also claimed that the magistrate passed judgment against the accused person and found them guilty before they were even tried for alleged offence.

They accuses CM Ogoti of failing to uphold the presumption of innocence until proven guilty..

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