Tycoon Mugoya fails to get bail

Aug 08, 2007

No family re-union celebrations for Ugandan-born businessman James Abiam Mugoya Isabirye, who was denied bail by a Kenyan court yesterday.

By Reuben Olita
in Nairobi

No family re-union celebrations for Ugandan-born businessman James Abiam Mugoya Isabirye, who was denied bail by a Kenyan court yesterday.

The Nairobi Chief Magistrate’s Court found Mugoya guilty of defying a warrant of arrest issued against him by the court.

The ruling means that Mugoya will remain in prison until September 18, when the hearing of his case starts. His lawyers said they would appeal against the verdict.

The ruling caught everybody by surprise. Mugoya’s relatives, who had travelled all the way from Kampala, were left in tears.

Senior principal Magistrate, Maryanne Murage, said Mugoya failed to appear in court even after the notices were published in the media. The court also agreed with the state counsel that the accused might flee the country since he was a Ugandan.

Earlier, Mugoya’s lawyer, John Ohaga, had argued that his client was a Kenyan citizen as evidenced by his certificates of registration.

Mugoya is a shareholder and managing director of Mugoya Construction and Engineering, King’orani Investments, Realty Brokers and Transfleet.

Ohaga told the court that upon his arrest on August 1, his client had his Kenyan identity card, Kenyan driving licence, mobile phones and other personal papers confiscated by the advocates acting for the bank.

He argued that no warrant of arrest had been issued in accordance with the criminal procedure code since the advertisement published in The Daily Nation was not done by the Police but by the Kenya Commercial Bank.

This is the second time Mugoya is denied bail. His earlier application was on August 3, when he was first arraigned in court to answer charges of fraudulently transferring mortgaged goods worth Ksh3.5 billion. He denied the charge.

He is also facing other charges in Uganda in connection with corruption.

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