Tuesday, May 2, 2000
Hashish suspects released on bond
By PATRICK MAYOYO
Four of the eight suspects charged in connection with the Sh940 million
hashish haul have been freed from prison.
At the same time, controversy rages over their release on bond by former
Mombasa Chief Magistrate, Mr Aggrey Muchelule, prisons officials said yesterday.
The Attorney General's office, through the Mombasa State Counsel has
opposed their release on bond on grounds that they would interfere with
pending investigation.
The AG has also argued that if released the suspects were likely to
jump bail.
However, a prisons official at Shimo la Tewa Prison where they were
being held told the Nation that those released by yesterday included
a son of the prime suspect in the case, runaway businessman Ibrahim Abdalla
Akasha.
Mr Kamaldin Abdalla Akasha was released on Friday night while other
suspects in the case, Mr Jackson Ng'ang'a Waweru, David Wakhuha Wanyonyi
and Idris Yusuf were released on Saturday.
A source told the Nation that Mr Waweru is residing in his mother's
house outside Mombasa while Mr Akasha was traced to his Nyali residence.
The other co-accused, Mohammed Gani Taib, Mr Patrick Wainaina, Mr Thomas
Dalu Kada and Raphael Musembi Ndunda, were said to be still in prison.
The prison official who declined to be named said the suspects were
released after a Mombasa court upheld bail as ordered by Chief Magistrate
Muchelule.
Senior Principal Magistrate Florence Muchemi ruled that the bail of
Sh5 million each with two similar sureties still stood, pending a ruling
on whether to allow an application by the AG to withdraw the charges.
The lawyers included the Mombasa Law Society of Kenya chairman, Mr Stewart
Madzayo, Dr John Khaminwa, Mr Haroun Ndubi, Japhet Asige, Ngacaku Gakuhi
and Jared Magolo.
Ms Muchemi will give a ruling on May 4 on the Nolle Prosequi
application.
The Law Society of Kenya has sued Chief Justice Bernard Chunga and the
Judicial Service Commission (JSC) over alleged interference in the administration
of justice in Mombasa, following the transfer of Mr Muchelule.
Last Wednesday, Mr Muchelule was served with a transfer letter at a
climax of a bitter struggle between him and the Attorney General Office
(the state) over whether the eight suspects who are charged with trafficking
and possessing over 6 tonnes of hashish were entitled to bail.