Kahawa court frees Gachagua allies on Sh50,000 bail in terror charges case
The two, both officials of the DCP Youth group, appeared before the court on Wednesday to face charges under the Prevention of Terrorism Act.
Two allies of former Deputy President Rigathi Gachagua, Wanjiku Thiga and Peter Kinyanjui, also known as Kawanjiru, have been released on a cash bail of Sh50,000 each following a ruling by the Kahawa Law Courts.
The two, both officials of the DCP Youth group, appeared before the court on Wednesday to face charges under the Prevention of Terrorism Act.
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However, Magistrate Gideon Kiage found no sufficient or reasonable grounds to justify their continued detention.
They were granted bond terms of Sh200,000 each with a surety of the same amount, or the option of a Sh50,000 cash bail and one contact person.
“In the present case, the accused persons have been charged with an offence under the Prevention of Terrorism Act. That mere fact, however, in the absence of any other ground in support thereto, does not and cannot suffice to upset the presumption of innocence as guaranteed under the Constitution,” said Magistrate Kiage.
He added that the seriousness of the charge alone did not qualify as a compelling reason to deny bail.
“To hold otherwise would be tantamount to affirming that all that is needed for the denial of bail is for the prosecution to present serious-sounding charges with stiff penalties,” he stated.
The magistrate noted that the investigating team had between 13 and 22 days, depending on the date of arrest, to verify the accused persons’ identities and conduct necessary background checks. He found no compelling evidence to support continued detention.
Anonymous statements
He also dismissed the prosecution’s reliance on anonymous statements, saying they came from undisclosed individuals whose credibility had not been tested.
“This is an invitation which the court must politely turn down,” he ruled.
The two had earlier been released on bond by the Kiambu and Ruiru courts after being charged with offences relating to unlawful assembly and rioting during the June 25 protests.
However, they were immediately rearrested and arraigned again at the Kahawa court, this time under anti-terrorism laws.
Their legal team termed the move as harassment and a misuse of the judicial system.
Also released on bond were three foreign nationals who had been arrested during the same protests. The court ordered them to each post a bond of Sh200,000 with a Kenyan surety.
Unlike the others, they were not offered the option of cash bail.
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