A National Transport and Safety Authority Licensing director who is detained for 30 days over the links with Dusit D2 terror attack has petitioned the High court seeking the detention orders set aside.
In a certificate of urgency Jacqueline Githinji, the director registration and licensing department at the NTSA wants the detention orders be set aside or reviewed as the same are unconstitutional and violates her rights.
Through lawyer Dunstan Omari, Githinji wants the court to order her release on reasonable bond terms or any other condition the court dims fit pending investigations.
Githinji has petitioned the High Court after Milimani Chief Magistrate’s court allowed police to continue detaining her for 30 days pending investigation.
Jacqueline is the director for registration and licensing and sanctions all processing of the plate numbers at NTSA.
She wants the court to call for the lower court file and consider the correctness and legality of the orders issued by SRM Muthoni Nzibe ordering her detention for 30 days in connection with the terrorist attack that occurred last month.
The mother of three claims that the Anti-Terrorism Police Unit (ATPU) attempted to suggest that she may have aided or abetted the terrorist attack that befell the Dusit D2 hotel complex by issuing an alleged fake number plate that was used by the persons who committed the inhuman act.
She further accuses the court for erroneously proceeding to agree with the prosecutor and ordered her detention for 30 days despite that no charge of holding has been prefered against her making the presumption of innocence meaninglessness.
“I remain innocent of the suspicions leveled against me. And more over, being of good conduct and an elderly member of the society with a known abode in Kilimani, I invite this court to consider my pride and the duration of detention and to review or revise the ruling of the Magistrate,” says Githinji.
She further states that being a mother of three, absconding or failing to comply with the bond terms is impracticable and will not interfere with witnesses.
The Director also adds that the allegation that she is a flight risk and is likely to interfere or interfere with witnesses is outrageous and meant to serve curious purposes.
Last week when she was presented in court, She vehemently opposed the application by the prosecution after the court was informed that they want to detain her because she is an employee of the NTSA in charge of issuing vehicles with number plates.
She claims her continued detention is unconstitutional and violates her rights.
Jacqueline and other five officials of National Transport and Safety Authority officials Anthony Mjaka Kadu, Cosmas Ngeso, Nderitu Irving, Stephen Kariuki Mbaka and Charles Wangocho Ndungu were detained for 30 days.
The suspects were arrested on January 30,2019 at NTSA Hill Park Building in Nairobi due to their possible involvement in aiding and abetting the terrorist attack that took place on 15th and 16th January at Dusit Hotel Complex in Nairobi.
Kadu works at the department registration and licensing at NTSA where his duties include registration documents and transfers.
It is believed that he requested one Augustine Musembi (already in custody) to reissue motor vehicle registration KCN 340E Toyota Ractis which was used by he attackers.
Ngeso is Jacqualine’s deputy and assists her to carry out her duties. Mbaka is is clerical officer at the department of registration and licensing and in charge of dispatching number plates.
Ndungu is also a clerical officer but in the department of log book transfer section.
The said Toyota Ractis was the one allegedly used by the four gunmen to get to the Hotel on the material day.
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