Parliamentary aspirant released on Ksh 100,000 cash bail

June 30, 2010
By Khalwale James

A Kisumu west constituency parliamentary aspirant was yesterday released on a cash bail of Ksh 100,000 from a Kisumu court over charges of allegedly obtaining money through false pretences of which he pleaded not guilty.

Before deputy registrar Mrs Maloba R.B.N, the court heard that the accused person, Mr Israel Mourice Kodiaga had allegedly obtained Ksh 450,000 from Lynn millers by falsely pretending that he was in position to supply their Hand of God ministry with 2000 one day old chicks.

The charge read that he had committed the offence on March 2010 at Nyateng Kidi poultry offices in Kisumu with intent to defraud.

The state investigation prosecutor Mr Kipkemboi however told the court that releasing the accused on bail would jeopardize investigations claiming that the accused person was also being tracked by police in Eldoret over related offences for allegedly obtaining money by false pretence from Dr Raburi but he has been evading them. 

Mr Kipkemboi surfaced that releasing Mr Kodiaga would give him a chance to evade police arrest as he has done in Eldoret.

Mr Ochieng advocates on behalf of the parliamentary aspirant opposed the prosecutions plea saying that it was constitutional for any accused person to apply for a bail unless provided for a specific law.

"You only charge somebody when investigations are complete," said the advocate, "He is a person of a fixed abode, a man of a family," he added.

He therefore declined the justification that his client was wanted in respect of other offences stating that the accused should be released on bail and be summoned to report to the police or conditions that can be met.

On her ruling, Mrs Maloba granted the accused a choice to be released on bond of 200,000 and a surety of a similar amount or a cash bail of 100,000. She argued that the prosecution did not elaborate how investigations would be jeopardized.

She also said that the prosecutors can apply to have the accused report to both Kisumu and Eldoret police units to facilitate pending investigations.

About his escape as claimed in the prosecution, the deputy registrar wondered why it had been possible to have the accused person in court yesterday to answer this charges.

"The fact that he has not left this country means he can easily be found. The police have machinery in the whole republic," she declared before effecting his release on the cash bail.