BY NT CORRESPONDENT.
Director of Public Prosecutions has suffered another blow after a magistrate declined to vary bond terms granted to businessman Humphrey Kariuki so that he could get back his passports.
Milimani Chief Magistrate Francis Andayi agreed with an earlier order that requires Kariuki to only present a surety to guarantee his attendance in court.
The prosecution had applied Kariuki to get back his 11 Million cash bail and instead post a higher bond and a surety.
But Kariuki through lawyer Cecil Miller argued that the travel documents had been released to him by Senior Principal Magistrate Kennedy Cheruiyot but later overturned his decision because there were multiple pending before different court, against the businessman.
Kariuki applied for his passport to be released temporarily to allow to travel abroad to attend to his businesses and told the court that the security posted was sufficient to guarantee his appearance in court pending hearing and determination of the case.
Miller pointed out that Kariuki had frequently traveled ousted the country since February but presented himself to the DCI over 10 times as required. In addition, he willingly returned to Nairobi to plead to the charges.
He said he wanted the documents released to him indefinitely, arguing that due to his frequent trips, it would be unfair to ask him to return to court every time he wants to travel abroad.
The court however said Kariuki should return the passport to court when he returns and can write to the court indicating when he wants to travel next and get approval.
