Ex-Kemri boss to remain in jail as bail request rejected
Former Kenya Medical Research Institute (Kemri) director Davy Koech has lost the bid to be released on an Sh4 million cash bail pending an appeal against a six-year jail term for a multimillion-shilling corruption case.
His petition to be released from Industrial Area Prison Remand, where he is serving his sentence pending the appeal, was dismissed by Justice Esther Maina of the High Court’s Anti-Corruption court.
“I find the application has no merit and dismiss it. I direct that parties file their submissions within 21 days to have the matter heard expeditiously,” ruled Justice Maina.
The former Kemri boss had moved to the High Court seeking to be released on bail on grounds that his health had continued to deteriorate while in custody.
“My client is suffering in custody and seeks that Sh4 million he had deposited in the lower court as cash bail would also bail him out on the same case as he is aged,” said the lawyer.
But the court declined the request saying it can’t release Koech on bail until it hears the appeal. The judge further granted Koech 21 days to file his submissions that would assist the court in determining the matter.
In the appeal, Koech wants the court to quash the six-year jail term imposed on him saying the trial magistrate Victor Wakumile erred in law by failing to consider inconsistencies in witness testimonies and evidence on record.
On September 15, 2021, Wakumile fined him Sh19.6 million or serve six years in jail for corruptly acquiring public funds in another separate case.
Koech had faced three counts of unlawfully transferring research funds from Kemri’s account at Standard Chartered Bank’s Kisumu branch, to an account with the same bank in Yaya Centre in Nairobi.
He was found guilty of conspiring to defraud Kemri of over Sh19.8 million on diverse dates between May 2003 and April 2007.