The High Court in Kajiado has suspended an order granting Enock Peterson Mwangi, alias Mwamburi Mwademe and Peterson Mwamburi, release on a cash bail of Ksh. 50,000 pending the hearing and determination of a prosecution application seeking a review of the decision.
The orders were secured by the Director of Public Prosecutions (DPP) following an application filed by Principal Prosecution Counsel Rose Kihumba, who sought the review and cancellation of the lower court’s decision to release the accused on bail.
Mwangi is facing three counts of trafficking in persons, three counts of defilement and one count of conspiracy to commit a felony.
In seeking the revision, the prosecution argued that the decision to grant the accused cash bail could prejudice its case, citing concerns over witness safety, possible interference with witnesses and the risk of the accused failing to attend court proceedings.
The prosecution further informed the court that the accused is facing similar charges in other courts in Kajiado, Malindi and Naivasha.
It also raised concerns that the accused could interfere with witnesses whom he allegedly had been harbouring at his residence for some time.
Following the application, the High Court stayed the lower court’s bail order and directed that the matter be heard inter partes, allowing both the prosecution and the defence to present their arguments before a further determination is made.
The suspension means the earlier cash bail order cannot be acted upon while the matter awaits further consideration by the High Court.
The court is expected to consider the arguments from both sides before deciding whether to uphold, vary or set aside the lower court’s decision.
The allegations against Mwangi remain subject to determination through the judicial process.
