A chief in Lamu and a senior Administration Police officer facing murder charges have been released on bail, pending the hearing of their case. This is the first time since the promulgation of the new Constitution that an application for bail for a capital offence has been granted. Mr Kassim Shee Mbwana and Mr Danson Mgunya were granted bail of Sh3 million and sureties of a similar amount by Mombasa High Court judge, Mohammed Ibrahim. Dr John Khaminwa, who was representing the two, made the application saying his clients were entitled to bail under Section 49 of the new Constitution. The section states that, "an arrested person has the right to be released on bond or bail on reasonable conditions pending a charge or trial unless there are compelling reasons not to be released". The two have been charged with the murder of Mselem Mohamed Ali on May 5, 2006 at Mbwajumali village in Lamu. While granting the application, Justice Ibrahim, who stated he recognised the value of liberty as he had been a victim of detention without trial together with Dr Khaminwa, said that there was no sufficient evidence to continue detaining the accused persons. Dr Khaminwa had argued that the accused persons were senior citizens, had stable families and their areas of residence were known to the public, hence there was no reason for them to abscond trial. State counsel Alexander Muteti however opposed the application saying that although bail was available to all persons, its right was subject to limitation, adding it was not guaranteed the accused persons would turn up for trial. source:sunday nation Katiba mpya ya Kenya yaanza kufanya kazi, hongereni majaji wa Kenya kwa kutafsri sheria kama katiba inavyosema. Sisi tunangoja nini????