Embattled Balambala Ward MCA Abdi Ibrahim Daar has been released on bail after denying charges of allegedly embezzling Sh. 51 million through fraudulent payment.
Garissa Court released Abdi along with two other suspects on a bond of Sh.5 million with a surety of a similar amount or a cash bail of Sh2 million in alleged fraudulent payments amounting to Sh51.4 million.
Abdi, who was a former Director of Accounting Services, County Government of Garissa; Mohamud Dubow Korane; and Yussuf Bethe Ali, a former Senior Principal Economist, County Government of Garissa.
The trio, who were arrested yesterday following investigations into suspected irregular payments, are facing 26 counts, which include conspiracy to commit an offence of corruption, fraudulent acquisition of public property, abuse of office, uttering a false document, and forgery, among others.
Appearing before Garissa law courts principal magistrate Jackson Omwange, the three denied the charges and were at first granted a bond of Sh10 million or a cash bail of Sh5 million.
However, defence counsel Bosire Dan urged the court to review the bail terms downwards to a more affordable amount to the accused, arguing that the set amount was excessive and amounted to denial of the constitutional right to bail.
While reviewing the bond terms, the magistrate noted that the prosecution had not placed before the court evidence of compelling reasons that would justify denial of bail.
“The offences under the Anti-Corruption and Economic Crimes Act are serious offences and implicate public resources and public trust. Courts have consistently recognised that economic crimes may involve substantial amounts of money and carry severe penalties upon conviction,” Omwange ruled.
“In assessing bond terms, a court is therefore entitled to consider the magnitude of the alleged loss and possible sentence if convicted. However, the seriousness of the offence alone is not a compelling reason to deny bail nor impose excessive terms. The principle of consideration is whether the accused will turn up for trial,” he added.
The hearing of the case will be held from 4 to 6 May this year.
by Erick Kyalo
