A Chief Magistrate left a Nairobi Court room shocked after he hit an accused person with the highest cash bail ever granted in the country.
On Tuesday, Chief Magistrate Kennedy Bidali slapped suspended Managing Director of Geothermal Development Company, Silas Masinde Simiyu with a record Sh8 Million cash bail sparking protest from the defense lawyers. His seven co-accused persons were also slapped with a Sh5 Million cash bail.
Lawyers Kioko Kilukumi and Wilfred Nyamu argued that the cash bail was ridiculous and out of tune with what had been granted to people facing even more serious charges.
Mr Nyamu challenged the release terms noting that even those who were accused of murder were released on as little as Sh500,000, adding that the Sh8 Million and Sh5 Million cash bails amounted to condemning the suspects to staying in remand until the trial was concluded.
The lawyers argued that the maximum fine that could have been imposed on their clients if found guilty was Sh1 Million, meaning the cash bail was eight times the penalty for convicted persons.
“If they had pleaded guilty, they would have not been fined more than Sh1 Million. The cash bail is like punishing them eight times. We feel that there is conspiracy to defeat justice and unfairly treat the accused,” said Mr Nyamu.
The Chief Magistrate however, stood firm with his ruling, and even rejected an application to have the accused persons detained at the Ethics and Anti-Corruption Commission (EACC) cells.
“The application to be held at the EACC cells is disallowed. I will also not review the cash bail and if they feel aggrieved, they can move to a higher court to appeal or make an application for review before the trial court,” said Mr Bidali.
The two suspects were taken into police custody after they failed to raise the bail.
GDC Director had been arraigned in court alongside GDC Company Secretary, Praxidis Namoni Saisi and seven members of the company’s tender committee.
The nine are accused of illegally awarding a Sh42.7 Million Rig Move services tender to Bonfide Clearing and Forwarding Limited.
Magistrate Bidali set the case for mention on November 30.
