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Mombasa Principal Magistrate Edgar Kagoni, who has been implicated in a Sh30 million narcotics case, was yesterday freed following High Court orders as three judiciary staff were detained in police cells.

Kagoni was released until October 14 when his case will be mentioned.

Jomo Kenyatta International Airport (JKIA) Law Courts Chief Magistrate Lucas Onyina ruled the three workers, Onesmus Miinda Momanyi, Abdallah Awadh and Lawrence Thoya,  be detained at JKIA Police Station until tomorrow when their bond and bail terms will be determined. 

He released his Mombasa counterpart after the court received Mombasa High Court orders that barred Kagoni from being charged.

The trio denied three counts of stealing and trafficking in narcotics worth Sh30 million weighing 10kg and stealing cash in foreign currency from exhibit stores.

“The accused will be detained at JKIA Police Station until September 12 when the bond and bail report will be determined. The defence to be supplied with statements of witnesses,” Onyina ruled. 

Disobeyed orders

Lawyers Cliff Ombeta, Nelson Havi and Danstan Omari represent the accused. George Kithi is appearing for Kagoni.

Defence lawyers sought to have the Officer in Charge of JKIA Police Station appear in court in person to explain why he disobeyed Mombasa High Court orders to release the magistrate. 

“The suggestion that the DPP is blocking the OCS from being brought here, that is not true,” prosecutor Alexander Muteti said while objecting to submissions by defence lawyers. 

Pleading for reasonable bond terms, the defence said Onesmus was a court clerk, Abdallah a junior officer and Thoya a cleaner. 

“The fourth accused is a support staff. In fact, his gross salary is Sh10,000 and has loans. Therefore, proposal by the State of a cash bail of Sh300,000 is totally out of order. They are going to be interdicted.

I urge this court to release the accused on free bond or with reasonable cash bail and bond terms,” Omari submitted.