A Mavoko court has allowed an application by lawyer Angela Mulwa to vary her bond terms, giving her the option of securing her release through a KSh1 million cash bail instead of the previously imposed bond with a surety.
The ruling by Magistrate Lilian followed an application by Mulwa’s defence lawyer Danstan Omari, who sought the introduction of cash bail and the release of her handset.
The State opposed the application, arguing that Mulwa’s place of abode was unknown and citing concerns over the case involving property valued at approximately KSh900 million.
In allowing the application, Magistrate Lilian found merit in the defence argument that securing and approving a surety could be cumbersome and time-consuming, potentially resulting in Mulwa remaining in custody for several more days.
The magistrate noted that the court had previously declined the prosecution’s request for a further seven days of detention after finding that investigations were complete and continued custody was no longer justified merely because the file was awaiting direction from the Office of the Director of Public Prosecutions.
The court held that bond terms should not be so burdensome or impractical as to effectively keep in custody a person whom the court had already ruled should be released.
Mulwa will now have the option of executing the existing KSh1 million bond with one surety of a similar amount, or depositing KSh1 million cash bail accompanied by two contact persons with reliable telephone numbers.
