Journalist on murder charge gets bail
Moses Dola (right), accused of murdering former NTV broadcaster Sarah Wambui Kabiru at the High Court in Nairobi September 29, 2011. He was released on a cash bail of Sh1 million and a surety of a similar amount. PAUL WAWERU
A journalist charged with the murder of his wife has been released on bail.
Moses Dola Otieno, accused of murdering former NTV broadcaster Sarah Wambui Kabiru, was released by Justice Nicholas Ombija on a cash bail of Sh1 million and a surety of a similar amount Thursday.
Mr Dola is a beneficiary of the Constitution, which allows murder suspects to be granted bail pending the hearing and determination of their cases. In the old dispensation, murder and robbery with violence suspects could not be released on bail.
According to Article 49 of the Constitution, an accused person has the right to be released on bond or bail on reasonable conditions pending trial, unless there are compelling reasons not to be released.
In his ruling, Justice Ombija said that he had carefully considered the application for bail and found that there are no compelling reasons to deny bail.
“Despite the severity of the offence and the evidence supporting the charge, the accused should not be denied his liberty. The law allows presumption of innocence until proven guilty, and it is on this condition that I grant the accused bail,” ruled Justice Ombija.
He also directed Mr Dola to report to Buruburu police station every 30th day of each month until the case is concluded and determined.
The case will be heard on November 21 to 23.
Mr Dola has denied murdering Sarah Wambui Kabiru on May 1 at their Umoja estate home in Nairobi. He filed the application for bond after his plea to have the charges reduced to manslaughter was rejected by the Attorney General.
The AG said the state has established sufficient evidence to sustain a murder trial against Mr Dola. This was after a medical examination by a psychiatrist confirmed that he is mentally fit to stand trial.
