The High Court in Kajiado has suspended a lower court order granting cash bail of KSh50,000 to a suspect facing human trafficking, defilement and conspiracy charges, pending the hearing and determination of a prosecution application seeking a review of the decision.
The Director of Public Prosecutions (DPP) secured the orders against Enock Peterson Mwangi, also known as Mwamburi Mwademe and Peterson Mwamburi.
The application was filed by Principal Prosecution Counsel Rose Kihumba, who asked the High Court to review and cancel the lower court’s decision to release the accused on bail.
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The accused 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 cash bail was prejudicial to its case, citing concerns about witness safety, possible interference with witnesses and the risk of the accused absconding.
The prosecution also informed the court that the accused was facing similar charges in other courts in Kajiado, Malindi and Naivasha.
Further concerns were raised over allegations that the accused could interfere with witnesses whom he was alleged to have accommodated at his residence for some time.
These concerns formed part of the prosecution’s arguments in seeking the suspension and review of the bail decision.
In its ruling, the High Court stayed the lower court’s order granting the accused cash bail.
The court directed that the revision application 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 lower court’s bail order cannot be enforced while the matter awaits the court’s further consideration.
The High Court’s eventual decision on the revision application will determine whether the lower court’s bail decision stands or is changed.
The allegations against the accused remain subject to the judicial process.
