Three Chinese nationals arrested in relation to investigations over a standard gauge railway ticketing scandal and charged with giving a Sh900,000 bribe to the police as an inducement to influence investigations have each been released on bond.
Mombasa Chief Magistrate Julius Nang’ea on Monday released Li Gen, Li Xiaowu and Sun Xin each on a Sh500,000 bond each with a Kenyan surety.
The magistrate directed the accused to deposit their passports in court and warned them against interfering with investigations.
“The accused are warned that any attempts to interfere will lead to cancellation of the bond terms,” said Mr Nang’ea.
Their release follows an application they made seeking to have the orders issued on Friday denying them bond reviewed.
While releasing them on bond, the magistrate said the prosecution’s contention was that they were a flight risk but noted that their employer has demonstrated that if released on bond, they will stay within the jurisdiction of the court.
The magistrate said there were no longer compelling reasons to deny bond to the three as information on their place of residence which had earlier not been tendered to court has now been adduced.
On Friday, Mr Nang’ea declined to release them on bond saying that the court was satisfied with the reasons given by the prosecution.
“The court has not been told the specific address [and] without demonstration that the accused have a reasonable place of abode, it would not be a guarantee that they will attend court,” said Mr Nang’ea in his Friday ruling.
RIGHT TO BOND
Mr Nang’ea said everyone, including a foreigner, has a right to be released on bond but the primary consideration is whether the accused, upon release, will attend court.
The three were charged with offering a Sh500,000 bribe to Inspector Andrew Warui and a team of his investigators as an inducement to influence ongoing criminal investigations in their favour.
They also jointly faced another charge of offering Sh200,000 bribe to the police.
Mr Xiaowu was also charged with giving Mr Warui a Sh200,000 bribe.