A Kwale Court has for the second time in two days adjourned until Friday the ruling on whether to grant bond to 42 members of the Mombasa Republican Council (MRC) charged with participating in an illegal meeting.
The Court was expected to make the ruling ON Tuesday after it failed to do so on Monday y following a successful application to adjourn the case by the defense lawyer Mr. Yusuf Abubakar through lawyer Bravin Bowry who was holding brief for him.
But after listening to submissions from both the defense and the prosecution sides, the Resident Magistrate Mr. Paul Mutai said he will give the ruling on the mater on January 8.
Mr. Mutai also ordered that the suspects who have all denied the charges, be transferred from Kwale Prison to Shimo la Tewa Maximum prison following a request by the State Counsel Mr. George Mungai who cited security reasons and limited space at the facility.
Acting County Criminal Investigations Officer Mr. Stephen Muli however opposed the bond application saying releasing the suspects could offer them an opportunity to further mobilize other people to join the separatist group and thus compromise security.
Mr. Muli further said other suspects linked to MRC had formed the habit of absconding once they were awarded bond.
But in his submission, Mr. Abubakar dismissed the argument saying it was a fundamental right for an accused person to be granted bond.
“There is no proof that if the court grants the bond the accused persons will abscond. I therefore urge this court to grant bond upon terms that are reasonable,” he said.
The suspects who were brought to court under heavy security, are said to have committed the offence in Tiwi location, Matuga Sub-county on New Year’s eve at 10:30 am.