Tobiko faults the release on bond of murder suspect in Lamu attack case

The Director of Public Prosecutions wants a judge to review his ruling, which allowed the release on bond of a matatu driver facing murder charges in connection with the Lamu attacks.

The DPP is seeking to have the order releasing Dyana Salim Suleiman on a Sh500,000 bond with three sureties of a similar amount rescinded.
Senior assistant DPP Mungai Warui said releasing Suleiman could expose witnesses to harm from the suspect.

Mr Warui said the witnesses who have recorded statements have been considered for protection under the witness protection programme.

“The first accused (Suleiman) knows the witnesses; he had visited their houses and given them certain orders before the execution of crimes took place,” said Mr Warui.

“We cannot rule out elimination of the witnesses. There is also the intimidation of investigating officers as the accused and accomplices are highly armed to the extent of attacking security installations.”

Mr Warui added that the witnesses are yet to be placed under the witness protection programme. Suleiman was on Wednesday jointly charged with Mahadi Swaleh Mahadi alias Jesus with 60 counts of murder.

Last week, Suleiman had been charged with 12 counts of murder, which were substituted on Wednesday, and had been released on bond after arguing his application through his lawyers successfully.

Mr Warui told Mr Justice Edward Muriithi that investigations have revealed that the accused and his accomplices who are at large have actively been involved in, and financed the attacks.

He told the court that they were in possession of statements implicating the accused which they were willing to submit as evidence since they could not be attached to an affidavit sworn by an investigations officer.

The court also heard that although bail is a constitutional right, it is not absolute and that if the accused was released he would not attend court.

Mr Warui said if the interests of the accused and the public were in conflict, the court should give precedence to the rights of the public. The prosecutor said Suleiman’s alibi had been investigated and found to be false.

Senior principal prosecuting counsel Alexander Muteti said the argument advanced earlier by the defense that Suleiman was “a mere matatu driver” did not stand.

In releasing Suleiman on bond, Justice Muriithi had directed that he reports to the investigation officer of the case every seven days pending trial until further orders of the court.

Defence lawyers led by Mr John Khaminwa will respond to the application by the DPP today.

@philipmuyanga