Africa-Press – Kenya. Journalist Cliff Onserio will spend his Christmas in the cell after the court allowed police to hold him for three more days to finalise investigations in his case.
The Chief of Staff at Standard Media Group was nabbed with a flash-bang grenade at the Holy Family Basilica church parking lot last Sunday.
He was arrested by a multi-agency team who responded to calls that there was a terror threat at the cathedral.
The Anti-Terror Police Unit (ATPU) on Friday asked to be granted ten more days to complete investigations but Senior Resident Magistrate Oscar Wanyaga turned down the application saying there is no justification.
He said despite the seriousness of the charges, there was nothing that warrants holding the suspect longer than is necessary if evidence can be obtained much earlier.
“The law says the moment you realise there is no evidence, you release. The moment you find evidence, you charge. An accused person is presumed innocent until proven guilty.
“I’m therefore not convinced that there is a justification for 10 days. Consequently, in the interest of justice and public safety and the weight of this matter, I’m going to grant this application but with a modification. I will grant the police up to December 29 to complete their investigations,” the magistrate ruled.
Monday and Tuesday have been declared public holidays and as such, Onserio will know his fate on Friday, December 30 when the court will determine whether or not there’s sufficient evidence to charge him with an offence.
When he was first presented before the Kahawa law courts on Monday, December 19, the police sought to hold Onserio for five days.
In an affidavit by constable Vincent Mutai, the police said Onserio was found with the explosive in his car but could not give satisfactory reasons why he was in possession of the explosive device.
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