Diamond Trust Bank Eastleigh branch manager facing terrorism charges has finally been released on bond after spending more thirty days in police custody over Dusit D2 terror attack.
“The accused person will deposit a sum of shillings 2,000,000 in court,” ruled magistrate Andayi.
Milimani Chief Magistrate Francis Andayi dismissed prosecution application seeking to deny Sophia Njoki Mbogo bail saying there was no compelling reasons adduced to do so.
“I have considered the grounds presented by the prosecution in the present case and not satisfied from the evidence tendered by the prosecution on the affidavit of the investigating officer that the accused person is a flight risk, that there is a risk that the accused person will interfere with witnesses or investigations while on bail or that she will be a risk to the preservation of public order if released on bail,” ruled Andayi.
The magistrate said he was satisfied that the accused persons oughtto be released on bond.
The accused was also ordered to make two contact persons who shall deposit with the court copies of their national identity card.
The magistrate further ordered Sophia Njoki Mbogo to deposit her passport in court and not to leave jurisdiction of the court without prior authorization by the court.
The court further ordered the accused to abide by any requirements that maybe made of her.
“The accused person shall abide by any requirements that may be made of her by any investigating officer or any authorized officer of the ATPU as regards further or any other investigations regarding her in relation to this or any other offence,” ordered Andayi.
Magistrate Andayi said it is incumbent upon prosecution to put up tangible evidence on record that can persuade a court to find indeed releasing the accused person on bail will endanger public security, safety and peace.
“Am well aware that no two cases are similar and each case presents its own unique set of circumstances which the court conducting a bail hearing must take into account as it makes its decision. I am also aware that cases involving death, harm or threats of harm to an individual are usually emotionally charged,” said.
Director of Public Prosecution Noordin Haji opposed the release of a DTB bank manager facing charges of aiding and abetting last month Dusit complex terrorist attack on bail.
Haji Through Senior counsel Eddy Kandebe urged the court not to allow the bank manager Eastleigh branch Sophia Njoki Mbogo bail application on grounds that she is facing serious charges which attract heavy punishment if found guilty and she is likely to abscond from the jurisdiction of the court.
He told the court that investigations are still ongoing which may lead to more accomplices who are still at large and more charges may be preferred against them therefore releasing ger on bail may interfere with the ongoing investigations.
“The accused person is the bank manager at the said DTB Eastleigh branch where she exercises control over her staff some whom are subject of inquiry and therefore she is likely to interfere with witnesses and exhibits,” said Kandebe.
Sophia Njoki Mbogo is also accused on the diverse dates between 4 of December 2018 and January 5 ,2019 at DTB Bank Eastleigh branch in Nairobi jointly with others not before court , being the branch manager aided and abetted the commission of terrorist ‘The Dusit Attack’ on the 15 of January this year by failing to report suspicious activity involving transactions carried out at the said bank and branch shillings 34,736,550 suspended to have funded the said attack.
Prosecution further said that investigators are looking at large amount that were transferred from South Africa to Kenya on diverse dates through MAMA MONEY and SEND HOME amounting to over Sh 34 million which is believed to have financed the ‘Dusit attack’.
However, the accused person through former high court judge Nicholas Ombija urged dismiss the DPP application the deny his client bail saying that the have tabled compelling reasons.
He said that Sophia through has supplied investigators with all documents and CCtV footage they required in their probe.
“The accused has nothing which police are seeking and all what they claim to be investigating is with the Bank and Safaricom who are the service Provide,” said Ombija.
He said that the transactions being probed are provided by the bank and safaricom through M-pesa which she has capacity to interfere with.
“If it was the wish of the state no accused person can ever be released on bond since they have been opposing the released of the accused which is a constitution right,” said the former judge.
