The Directorate of Criminal Investigations (DCI) has opposed bail for a suspected drug trafficker in Nakuru on grounds that he had a case of similar nature pending before court.
In an application sworn by Police Constable, Benard Leboo, the Anti-Narcotics Unit, informed the Chief Magistrate (CM), Josephat Kalo that there were compelling reasons to deny Joseph Muli Obenjo bond terming him as a notorious peddler of heroin and other hard drugs.
Leboo acknowledges that despite charges facing the accused being grave, Muli has another unresolved drug trafficking case and was out on bond awaiting determination of the matter.
Officers from Bondeni Police Station reportedly nabbed him on the evening of July 17 this year and found him in possession of 207 sachets of heroin with a street value of Sh.103, 500.
A police statement filed before court states that the 38 year old man was peddling the narcotic stuff in the sprawling Bondeni slums.
“The accused person is notorious and has demonstrated that he will continue committing similar offenses,” avers parts of the police affidavit.
The Anti-Narcotics detective further argues that there were many unresolved security aspects and that the suspect was a high flight risk considering that he now faces several drug trafficking related charges in separate criminal matters.
“The indictments he faces are punishable with long custodial sentences and hefty fines. These are adequate reasons to believe that the accused may be motivated to abscond hearing of the cases against him,” the Chief Magistrate heard.
He was also found with 20 tablets of another narcotic drug known as Rohypnol, worth Sh.1,000 which he was also selling to the residents.
However, the accused’s counsel, Steve Kabita objected to the application by the Anti-Narcotics units, saying they had not demonstrated detailed facts of the other case his client was facing.
“The author of the said affidavit has quoted another criminal case in another court. It is illegal to mention an ongoing matter. Furthermore, there is no charge sheet to indicate what charges my client is facing and the status of that matter,” said Kabita.
Terming the affidavit as a ‘time wasting’ sideshow, the defense counsel urged Kalo to dismiss it and grant his client reasonable bond terms.
The court will deliver its ruling on the application on July 26.
By Anne Mwale/Samuel Ndaire