A man accused of human trafficking was on Friday released on a bond of Sh100,000 with a surety of a similar amount, following a court ruling that the prosecution had not provided sufficient grounds to deny him bail.
The accused, Adam Ali Mohamed, faces charges of trafficking a man identified as Mohamed Ali Noor from Wajir to Nairobi through deceptive means for the purpose of labour exploitation. The state, opposing his release, argued that Mohamed posed a significant flight risk and could potentially flee the court’s jurisdiction with the help of accomplices, some of whom remain at large.
The investigating officer leading the case maintained that the accused’s continued detention was necessary, asserting that his cooperation was vital in tracking down and apprehending his co-suspects. According to the officer, the possibility that Mohamed could interfere with the ongoing investigation or evade prosecution entirely justified a denial of bail. As an alternative to complete denial, the officer recommended that the accused be granted a surety bond with at least one contact person to guarantee his appearance in court.
However, the defense counsel challenged the prosecution’s claims, arguing that there was no concrete evidence indicating that the accused was a flight risk. The lawyer emphasized that the accused had no prior record suggesting any intent to abscond and that he had been in custody for 21 days without a conviction. It was also pointed out that the accused had previously been granted a cash bail of Sh200,000, but was unable to raise the amount due to his financial hardship and unemployment.
The defense further contended that holding Mohamed responsible for the actions of individuals still at large was both legally and morally unjustified. The lawyer stressed that the accused should not bear the burden of guilt for crimes committed by others who had not yet been apprehended. He argued that denying bail in the absence of compelling and legally sound reasons would amount to an infringement of the accused’s constitutional rights.
After reviewing the submissions from both sides, Milimani Principal Magistrate Paul Mutai ruled in favor of releasing the accused on bond. In his judgment, the magistrate stated that the prosecution had failed to demonstrate compelling reasons that would necessitate denying bail to the accused. The court took into account the accused’s inability to raise the previous cash bail and considered the defense’s arguments regarding his socioeconomic background and lack of evidence suggesting he might flee.
Consequently, the court ordered that Mohamed be released on a surety bond of Sh100,000, accompanied by the requirement that he provide two contact persons. This decision was made in an effort to balance the accused’s right to liberty with the need to ensure his availability for future court proceedings.
The case is scheduled for mention on June 4, 2025. During this session, the court is expected to provide further directions regarding the next steps in the prosecution and any developments in the investigation, particularly concerning the individuals still at large. The outcome of this case is likely to be watched closely, given the serious nature of the charges and the broader implications for efforts to combat human trafficking.
