Mombasa CEC granted Sh1 million anticipatory bond in abduction, gang rape case

Mombasa County Lands Executive, Hussein Mohamed, has been granted a Sh1 million anticipatory bond with strict conditions as he waits to learn if he will face charges related to the abduction and gang rape of blogger Bruce John.

In a ruling on Monday, Justice Wendy Kagendo awarded Hussein the bond with one surety and a contact person, alongside an alternative cash bail of Sh500,000, which also requires two contact persons.

“Having looked at the entire application, I find that it has merit. The applicant is hereby granted a bond of Sh1 million with one surety and a contact person. He is also granted an alternative cash bail of Sh500,000 with two contact persons,” the judge ruled.

Additionally, Justice Kagendo ordered Hussein, also known as Amadoh, to surrender his passport to the court.

He was prohibited from leaving the court’s jurisdiction without prior permission or knowledge of the court.

The judge ruled that Hussein must remain available for questioning by the Directorate of Criminal Investigations (DCI) and fully cooperate with investigators.

“The applicant must continue to make himself available for interrogations by the Directorate of Criminal Investigations (DCI) as required and should fully cooperate with the investigators,” the judge said.

The court also ruled that Hussein should be issued a bond to attend court if charges are brought against him after investigations are completed.

Probe time frame

Justice Kagendo directed that the investigation be completed within six months, noting that the same bond terms should apply to any similar cases. She warned that failure to comply with court summons would result in a warrant of arrest.

“If Hussein fails to comply with summons, and there is sufficient evidence of service, then a warrant of arrest shall be issued,” the judge warned.

In her ruling, Justice Kagendo dismissed claims that Hussein’s arrest was politically motivated or an act of revenge, as he had alleged in his application. She stressed that the investigation should be impartial and thorough, avoiding headline-driven actions that fall short of constitutional standards.

Investigations into Hussein’s involvement in cyber-harassment, linked to the abduction and gang rape of Bruce John, were recently completed by the DCI, with the case forwarded to the Office of the Director of Public Prosecutions (DPP) for review.

Hussein, in a lawsuit against DCI Director Mohamed Amin, DPP Renson Ingonga, and Inspector-General of Police Douglas Kanja, sought to prevent his arrest and detention.

He faces scrutiny for alleged violations of the Cybercrime and Computer Misuse Act in connection with the attack on the blogger, a known critic of Mombasa Governor Abdulswamad Nassir.

Hussein had expressed willingness to cooperate with police investigations but raised concerns over potential abduction and arrest.

In documents submitted to the court, he argued that the cyber-harassment allegations against him were politically motivated, and linked to his role in the county government. He described the accusations as unproven and not disclosed to him.

Four individuals have already been charged with the abduction, gang rape, and assault of the blogger. They include Esther Muthoni John, alias Totoo, Violet Adera, alias Vayoo, Abdul Hassan Athman, alias Sindimba, and Haji Babu Ndau Mohamed, alias Achkobe or Jay.

Governor Abdulswamad Nassir has also provided a statement to police regarding the incident that took place on September 12.

In a public address on September 30, Nassir dismissed the claims, describing them as shocking and politically motivated. He alleged that the accusations were part of a political conspiracy, designed to damage his reputation.

"This young man [the blogger] has sent me over 800 messages from different numbers, but I have never responded to any of them. Unfortunately, such an incident is being used for politicking," Nassir argued.

He also claimed that a senior politician had attempted to coerce medical staff at Coast General Hospital into fabricating reports about the blogger’s condition.

"I only found out that this young man was not even in the hospital when the doctor in charge called me, explaining that they were being threatened to write false reports," the governor said.