City Lawyer Cliff Ombeta has blasted Nairobi Anti-Corruption Magistrate Lawrence Mugambi for what he termed as unfair decision by magistrate against his client.
The magistrate made a ruling that denied the accused cash bail and instead ordered them to execute bond of 3 million million shillings each a move that provoked Mr Ombeta.
During bail application yesterday, Ombeta told the court that the accused former Nairobi County Chief of Finance Jimmy Kiamba presented himself to the EACC police station.
“I told this court my client presentes himself on Sunday before EACC on Sunday and you did not put that into consideration and that was totally unfair and that’s the reason you kept this ruling until today in the afternoon” agitated Ometta told the magistrate.
He accused the magistrate of being unfair to Jimmy Kiamba.
“What you need to understand is that the moment a person comes here for fundamental rights, you cannot tell us you’re busy . Perhaps the court need to look to article 20 and 21and realize this ruling cannot be fair” Ombeta told the Magistrate.
“You have totally treated him unfairly and at least i have told you that. You’re a fruit tree and we shall throw stone’s. We can take the next step but please understand that” Ombeta further told Mugambi.
The six accused were denied cash bail instead court ordered them to execute personal bond of five million with a surety of three million shillings.
Immediately after the ruling defence lawyers applied for typed proceedings to enable them seek redress from the superior court.
They said that a letter from the DPP to media houses did not amount to service order of the court.
They said the order of the court was not extracted and served upon the accused or counsels representing them as required by the law.
Magistrate in his ruling said the prosecution had opposed the accused being released on bail on grounds that they disobeyed an order requiring them to appear in court on August 9 and as a result a warrant of arrest was issued by the Anti-Corruption Court Chief Magistrate Douglas Ogoti.
City Lawyer Cliff Ombeta, argued that their clients were not served with an order to appear in court.
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