Journalist in murder case seeks bail

A journalist charged with murdering a former NTV employee has applied to be released on bond pending his trial.

Lawyer Cliff Ombeta urged Justice Nicholas Ombija to release Mr Moses Otieno Dola on bond.

“I urge this court to release the accused on bond pending the hearing and determination of the case against him. Bail is a constitutional right to every suspect arraigned in court facing any offence,” Mr Ombeta submitted.

Mr Dola has denied murdering Ms Sarah Wambui Kabiru at Umoja estate in Nairobi on May 1. (READ: Police probe death of journalist)

Mr Ombeta said Section 49 (1) (h) of the Constitution mandated every court to grant bond to suspects pending the outcome of the trial.

The defence lawyer said the court could only take away the bail right of any suspect “when there are compelling reasons”.

Mr Ombeta said the Constitution identified and set out the reasons that warranted a suspect to be deprived of this fundamental right.

“If the court is convinced that a suspect is a flight risk or feared to interfere with witnesses, then he or she may be denied bond,” Mr Ombeta told the trial judge, adding that Mr Dola exhibited good faith when he surrendered himself to the Naivasha police boss.

“Mr Dola will abide by any terms to be set by this court and he will turn up for his trial. My client learnt from the media that police were seeking him. He surrendered himself to the police.”

Justice Ombija will decide whether to release the accused on bond or not on September 29.