Why man in Russian jobs recruitment saga has been granted bail

The man claimed to be at the heart of the Russian military trafficking saga, was released on bail on Monday.

 Kahawa Law Court magistrate Gideon Kiage yesterday ordered that Festus Omwamba should deposit a Sh5 million bond with two persons standing as sureties.

The Magistrate dismissed the Director of Public Prosecution’s (DPP) argument that Omwamba posed a danger to the witnesses and disregarded claims that his life was in danger.

Kiage found that although Omwamba had not given the court the exact place where he lives, there is an indication that he had strong family ties.

“ The accused person shall not travel without the court’s permission and shall deposit his travel documents,” Kiage ordered.

This comes as victims alleged that they parted with the money demanded by the recruiters and lost it.

A probation report filed before Kiage details claims that the victims paid between Sh165,000 and Sh300,000 to the recruiters, but the money vanished and has never been refunded.

Although they did not oppose having Festus Omwamba, the man claimed to be at the heart of the saga, to be released on bail, they claimed that they were still paying debts as they borrowed money to pay the demanded amount.

The victims also named more people allegedly involved. They claimed that they did not know the 32-year-old economist, but his proxies, who included one Amos Thiong’o and a Judy, who recruited them, allegedly obtained money from them and did the registration.

“ They complained about the money they paid to their hostages, which varied from Sh165,000 to 315,000, and reported that the lost money had caused their family untold pain. Some stated that the money was borrowed and their families were still settling the debts,” the report seen by this paper reads in part.

“The DCI-TOCU officers reported that they secured the names of the victims as per the Witness Protection Act to ensure none of them was harmed, this being a case of public interest. They did not share a record of any threat expressed by the victims in this matter.”

During the hearing yesterday, the prosecutor, Anthony Musyok, asserted that Omwamba should not be released on bail. He asserted that the case involved a flight risk and that the victims were still apprehensive about him arguing his case outside court.

 The total number of victims in the case is 25.

At the heart of the case was a WhatsApp message Omwamba allegedly sent to the investigating officer, which was at the heart of a spirited argument by the State that he should not be released.

The message appeared to be a confession that he had broken the law and expressed his willingness to surrender, provided his safety was guaranteed.

“Hello, sir, I know you’re really looking for me. I know I have done wrong. Let me surrender myself to you. I don’t want to hide. Only guarantee my safety in your hands, sir. I have received several threats, and I do not want to side with the Russians,” read the message, sent to Sergeant Salima.

Omwamba’s lawyers, Kubo Mwakichako and Bonventure Otieno, argued that the message should not be used in court because the investigator allegedly failed to caution him. They insisted that Omwamba’s surrender was intended to assist the police with investigations, with the hope that he would not be charged.

Kubo insisted that Omwamba ought to be presumed innocent until proven otherwise.

Conversely, another prosecutor, Kennedy Amwayi and the victims’ lawyer, Ndegwa Njiru, told the court that the message demonstrated Omwamba’s awareness that his 40 days had ended, as he was already wanted under a warrant of arrest.

It emerged that Omwamba had been in Ethiopia before surrendering to Immigration officials at the Isiolo border, who then handed him over to the Directorate of Criminal Investigations (DCI). Njiru likened Omwamba to a fugitive warlord, comparing his actions to crimes against humanity committed in Congo and Yugoslavia, and argued that conscripting Kenyans into the Russian military amounted to international crimes, triable before the International Criminal Court (ICC).

He added that Omwamba’s entry through Moyale did not constitute a voluntary surrender to authorities, but suggested he was sneaking into the country.

Amwayi argued that Omwamba had a warrant of arrest from Karatina after jumping bail. “His surrender was not out of goodwill; he knew his time for hiding had ended. If released, he may abscond to evade trial. There is no evidence of family ties,” said Amwayi.

He further stated that Edward Gituku Kamau, also charged with trafficking Kenyans to Russia, is an employee of Omwamba. Kamau was arrested after detectives raided a house where 25 men were allegedly preparing to travel to Russia. He denied the charges and was released on bail.

In response, Otieno insisted that his client was surrendering to the police to provide a statement and help unravel the trafficking network. “They are saying that this person is being hunted by Russian mercenaries. This person is here. This is a forwarded text. Your Honour, the investigating officer said he was in the company of another officer. The affidavit is made of hearsay. We know there are victims, but the accused’s rights must be protected,” said Otieno.