Freedom’s Price: The Trial of Three Businessmen

The three accused in the dock (from right) Mohammed Kuroyow Mohammed, Mohammed Salat Ibrahim and Omar Khalif Adan. PHOTO/Kibochi Karanja.

Three businessmen who were charged with conspiracy to defraud a cooperative society land valued at Sh 3.4 billion have been freed after their bond was reviewed.

The three were charged on Friday last week and granted a bond of 10 million or alternative cash bail of Sh 5 million by the trial court where they requested for a review of the terms since they could not afford to raise.

Mohammed Kuroyow Mohammed, Mohammed Salat Ibrahim and Omar Khalif Adan appeared before the Milimani senior principal magistrate Rose Ndombi where they pleaded with her to review the terms imposed by the trial court.

Through their defence lawyer, they told the court that they are small businessmen and not a flight risk, hence the court to consider the review of the bond granted,

“Your honor my clients are small businessmen whose places of abode is known and their characters has not been challenged anyway reason I pray the review of bond,” pleaded the lawyer.

The lawyer further cited that the purpose of bond terms is to ensure the accused persons appear before the court for trial not to punish them,

“The terms imposed by the court has been as a form of punishment and hardship since they have failed to raise,” added the lawyer.

The trio were charged that at unknown dates and times within the republic of Kenya jointly with others not before the court conspired to defraud Drumvale Farmers Cooperative Society of their parcel of land IR 237120 LR 8529/10 original number 8529/11 measuring approximately 141.5 hectares.

The said land situated at Mavoko within Machakos county valued at Sh 3.4 billion is the property of Drumvale Farmers Cooperative Society.

In the second count, the trio were charged with obtaining registration by pretences.

The court heard that the accused persons jointly with others who were not before the court willfully procured registration for themselves certificate of lease for a parcel of land IR 237120 LR 8529/1pretending it to be genuine a false fact.

They were further charged that on diverse dates between August 5, 2018, and June 23, 2022, at Mavoko sub-county within Machakos county, they were found in possession of the said land without colour of right a manner which was likely to cause a breach of peace to those entitled by the law to have the said land.

They denied the three counts and were released on a bond of Sh 10 million with a surety of the same amount or alternative cash bail of Sh 5 million.

In her ruling, Ms Ndombi considered the submission by the defense quoting article 49 of the constitution that bond is a constitutional right to the accused,

“I have considered the submissions by the defense that bond terms is a constitutional right to the accused to enable them to re-appear before court for trial,” said Ndombi.

The magistrate further cited that she has considered the nature of the offence and the fact that the accused persons have failed to raise the bond terms.

Reiterating article 49 of the constitution, she said that it is the right of the accused persons to be released on a reasonable cash bail to avail themselves in court for trials.