Police have been blocked from arresting and detaining the Judiciary’s finance director who is under investigation over alleged graft.
Mr Benedict Omollo got the reprieve after the
High Court allowed his request for the deposit of an “anticipatory bail”
pending investigations and a subsequent arraignment in court.
He has been ordered to execute a personal bond of Sh1 million.
This means he cannot be arrested and held in custody, but has to present himself to authorities and appear in court if need be.
“The
applicant is under strong apprehension that he may be charged in court
due to the ongoing investigations on the former Registrar of the High
Court and some of the junior judiciary personnel within her office,”
lawyer John Swaka told the court.
He said Mr Omollo has
been cooperating with the police and promises to continue doing so but
“stands to suffer if the police were to apprehend and keep him in
custody, for he is a family man and the sole bread winner of a young
family.”
“So far he has put down a statement with the
Banking Fraud Investigations Unit at Marshalls House...he is not in
hiding, and is willing to present himself when required,” the lawyer
submitted.
INTERDICTED THREE DAYS AGO
Mr
Omolo, in an accompanying affidavit the lawyer presented in court, says
he was interdicted three days ago and “has been working directly under”
Mrs Gladys Shollei who was sacked pending investigations on alleged
corruption issues.
“I have been working directly under
her and I have been consequently interdicted hence I am under strong
apprehension that I may be charged in court,” the affidavit read in
part.
He said his family would suffer and be traumatised if the police were to arrest him and lock him up in custody.
“I will avail myself in court to take plea at any time if the police so direct,” Mr Omollo submitted.
Justice
Msagha Mbogholi gave the reprieve ordering the applicant executes a
personal bond of Sh1 million and present himself to police whenever he
will be required “for whatever investigations that are being carried
out.”
The
lawyer said he was asking the court to save the applicant from “the
humiliation that would follow in such as a case which is now common
knowledge and in the public domain.”
Already, a
judicial staff and two businessmen have been charged with stealing Sh80
million from the Judiciary with the case pending before a magistrate at
the city court.
Ms Shollei, the former Chief Registrar of the High Court was sacked pending investigations into alleged corruption.
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