A Chinese contractor who the state claims is wanted in Rwanda for tax evasion has been released from custody by a Kiambu court and police have been directed not to harass him.
The DPP had filed an application seeking to detain Chen Chao and also have him surrender his passport to the state saying he is needed in Rwanda for prosecution.
However, Chao’s lawyers led by Danstan Omari opposed his continued detention saying they will concede to him handing over the passport but he should be released.
Omari said Chao who was arrested on a flight to Uganda last week should be given back his freedom as they await the extradition proceedings.
“It’s my instruction that we will concede with the passport being detained so that he can be released to fight the extradition proceedings if at all the state will pursue that line,” Omari said.
In her ruling, Chief Magistrate Emily Ominde directed Chao to deposit his passport in court and set him free to await extradition proceedings.
Chief Magistrate Emily Ominde
Ominde further directed not to harass him by arresting and taking him to different courts unless otherwise lawfully held on Application.
The DPP has been directed to notify Interpol Uganda of the ongoing court process and the inability of Chao to appear before it on December 7, 2023.
The state has also been given until December 14 to commence extradition proceedings against Chao failure to which this direction shall automatically lapse and passport returned to him.
The case will be mentioned on December 14 for directions and to confirm compliance.
