NAIROBI, KENYA: High Court Judge Luka Kimaru has pushed the case in which two foreigners have been accused of possessing Sh112 billion fake foreign currencies to next month.
This is after the prosecution requested for the extension of time as the magistrate who was to handle the matter Francis Andayi has been unwell.
“We request the court to grant us another hearing date because the trial magistrate has been unwell,” said the prosecution.
Kimaru had earlier ordered that the matter be concluded in six months failure to which the accused will be released on bail.
Mohammed Sani alias Dr Mustafa and Ousman Ibrahim Bako’s first application for bail was denied after the court heard that the accused are foreigners who were a flight risk.
The defense lawyer Steve Kimathi told the court that six months ended and that the accused should now be released on bail.
“As per the court’s order, the six months have lapsed and the accused have a right to be released on bail pending the conclusion of their trial,” said Kimathi.
He added that it is a right of every accused to be released on bail since they are innocent until proven guilty.
Kimaru directed the trial magistrate to grant new hearing dates before July 14, 2017 and the parties will appear before him on July 17, 2017 for further directions.
In January 26 last year, then Magistrate Daniel Ogembo denied the two bail saying the prosecution had proved that the case facing the two is serious and a threat to the country’s economic security.