Chinese hacking suspects’ case hit by translator hitch

Some of the foreigners arrested on December 1 in Nairobi for allegedly operating illegal radio equipment, in court December 8, 2014. PHOTO | PAUL WAWERU

What you need to know:

  • The suspects — 13 Chinese nationals, 23 Taiwanese and a Thailand citizen, were to be charged on Monday but lacked a translator.
  • Prosecutor Duncan Ondimu told senior principal magistrate Lucy Mbugua that more than one translator would be required because of the different nationalities of the suspects.

Thirty-seven Asian suspects arrested for illegally operating radio equipment without a licence will be charged tomorrow, a court ruled on Monday.

The suspects — 13 Chinese nationals, 23 Taiwanese and a Thailand citizen, were to be charged on Monday but lacked a translator.

Prosecutor Duncan Ondimu told senior principal magistrate Lucy Mbugua that more than one translator would be required because of the different nationalities of the suspects.

“Proceedings must be conducted in a language understood by the suspects, a chief officer will appoint a translator and the court therefore defers this plea to December 10 until interpreters are made available,” said Ms Mbugua.

Mandarin or Standard Chinese is the official language in both China and Taiwan (Republic of China), while Thailand’s citizens speak Thai.

The prosecution also said that all the suspects are remanded at the Gigiri remand facility.

“The suspects are being detained at the most prestigious remand in the country, equipped with the best toilet facilities, situated in the most secure locality. The court process demands the presence of an interpreter,” said Mr Ondimu.

The lawyer for the 37, Tom Wachakana, said that investigations had proved that their nationalities and their entry into the country was legal, therefore, pleaded that the suspects could be released on bond pending trial.

“The DCIO Parklands confirmed yesterday (Monday) that they have legal travelling documents, five days were good enough to be detained, the conditions at the remand is not proper for them, especially the young women among them,” said Mr Wachakana.

At the same time, High Court judge Luka Kimaru declined to issue his ruling on whether the 37 could be released on bond.

Mr Justice Kimaru said it would be improper to issue a ruling for their release when the accused had not even been charged.

He said he would issue his ruling on Thursday morning, a day after the 37 are charged.

The judge also directed the prosecution should ensure that the 40 other suspects who have been detained at Gigiri Police station should be charged on Thursday so that he could also make a ruling on whether to release them on bond on that day.

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