A High Court in Nakuru on Wednesday over turned a cash bond that had been awarded to a robbery with violence suspect after the prosecution successfully filed an appeal against it.
The prosecution desk challenged the appeal which argued out that the accused person Benson Walioba, a Ugandan citizen was not guaranteed to appear in court during hearing since he is not a regular settler in the country.
The accused who had been charged with illegally staying in the country and for taking part in robbery with violence in Section 58 Estate early last month in which a Nakuru based Asian businessman was robbed of a car worth Sh3 million and other property at gun point.
The accused had been charged and released on a Sh300,000 cash bond before the hearing of the case on March 30.
The prosecution however had unsuccessfully failed to apply for his remand after presiding Chief Resident Magistrate Samuel Mungai supported the accused person’s lawyer James Arati that the constitutional rights to a fair trial cuts across the borders hence the accused had all the rights to be awarded a bond.
However in a landslide ruling on Wednesday by High Court Judge Anyara Emukule ruled that the case in place was crucial and delicate to warrant a foreigner a bail and ordered for the immediate arrest and remanding of the accused.
Judge Emukule agreed with the prosecution that the tabled evidence including the accused passport that has accumulated travel stamps and his failure to state his official residence in Nakuru were enough to indicate the fears expressed by the prosecution.