The High Court has dismissed application by former National Land Commission Muhammad Swazuri seeking to be freed on bond.
Prof Swazuri and 10 other persons rushed to the High Court seeking to eb freed after trial magistrate set the ruling of the bail for Tuesday, April 23.
The officials had denied charges relating to compensation over the acquisition of land meant for the construction of the Mombasa Southern Bypass and Kipevu New Highway Container Terminal link road in 2013.
Justice John Onyiego ruled that the application cannot apply at this stage as the trial court must be given an opportunity to deliver it ruling.
“The application is therefore not applicable and his hereby struck out and any relevant application regarding bail application or review of the same be filed before the trial court”, ruled Onyiego.
They pleaded with the court saying trail court Lawrence Mugambi had reserved the ruling on bail for Tuesday next week without giving directions on interim bail or the liberty of the accused persons.
“The court did not give any directions on whether the accused persons are to remain in custody or be released howsoever, yet the liberty of the accused persons who did not attend the court for plea taking was protected by court until of the accused persons”, said the accused.
They argued that prosecution caused the arrest of the accused persons who took plea in the wee hours of yesterday morning of April 17,2019 and held them in custody since then only to produce them in court today which a view to exploit the impending long holiday of Good Friday to Easter Monday as such reserving the ruling for next week to aid the prosecution to achieve the said purpose and therefore aiding an injustice.
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