Some of the 40 Chinese hacking suspects in a Nairobi court. PHOTO | PAUL WAWERU
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Forty Chinese hacking suspects denied bail on the grounds that they were unable to prove their legal presence in the country.
Magistrate Enock Cherono said the suspects had not shown the court how they entered the country and therefore upheld the prosecution’s argument that they were a flight risk.
A Nairobi court Wednesday declined to release on bail forty Chinese hacking suspects on the grounds that they were unable to prove their legal presence in the country.
The foreigners, who were arrested in Nairobi’s Runda estate on December 2, pleaded not guilty on Tuesday to the charges of illegally running a telecommunication system, conspiring to commit a felony and engaging in organized criminal activity.
They pleaded to be freed, arguing that they wanted to enjoy Christmas.
In his ruling, acting senior principal magistrate Enock Cherono said the suspects had not shown the court how they entered the country and therefore upheld the prosecution’s argument that they were a flight risk.
The Magistrate said there had been convincing reasons pointed out by the prosecution to protest the suspects’ bid to plead for their release on bond pending trial.
“The accused have not shown that they have passports and how they entered Kenya as well as evidence that they are tenants; no particular landlord has appeared in court to claim tenancy,” Mr Cherono said.
The Magistrate also upheld the prosecution’s argument that if released, the suspects will most likely flee the country, interfere with investigations or help other suspects who have not yet been arrested to take off.
“In Kenyan law, courts decide on the compelling reasons depending on the unique facts presented in the case, in the absence of this, claims by the investigating officer remain unchallenged,” Mr Cherono said.
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