Garissa law courts principal magistrate Jackson Omwange delivering the ruling. /STEPHEN ASTARIKO.
From left Yussuf Bethe Ali, former IFMIS accountant; Mohamed Dubow Korane, former director of planning; and Abdi Ibrahim Daar, current MCA Balambala./STEPHEN ASTARIKO.
Friends, relatives and curious onlookers follow the court proceedings. /STEPHEN ASTARIKO.
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The Garissa court on Monday released a Garissa MCA and two other suspects on a bond of Sh5 million with one surety of the same amount, or a cash bail of Sh2 million, in anti-corruption charges over alleged payments amounting to Sh51.4 million.

The three are Balambala Ward MCA Abdi Ibrahim Daar, former Director of Accounting Services at the County Government of Garissa Mohamud Dubow Korane, and Yussuf Bethe Ali, a former Senior Principal Economist at the County Government of Garissa.

The trio were arrested on Sunday following investigations into suspected irregular payments.

They face 26 counts, including 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, who wore masks, denied the charges. They were initially 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 for the accused, arguing that the set amount was excessive and amounted to a denial of their 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 the 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 the possible sentence if convicted. However, the seriousness of the offence alone is not a compelling reason to deny bail nor to impose excessive terms. The principle of consideration is whether the accused will turn up for trial,” he added.

The hearing of the case is scheduled for 4 to 6 May this year.