•Concelia a widow and mother of two was jailed by Chief Magistrate Lawrence Mugambi without a fine in march, stating that she was a repeat offender.
•Her co-accused, Christine Wegesa Chacha, who was a senior education officer was ordered to pay a fine of Sh1 million or serve one year in jail, in default.
Image: FILE
The High Court has declined a second attempt by a former senior official at the Ministry of Education to be released on bail.
The ex-official is in prison for theft of public funds.
Dismissing Concelia Ondiek's request, Justice Daniel Ogembo said ill-health was not a ground for grant of bail pending appeal. He said it was neither an exceptional and unusual circumstance to warrant the grant of bail.
“Concelia Aoko Ondiek is essentially asking this court to revisit an issue which has been canvassed and ruled on substantively by another. I find no merit in this application,” the Judge said.
Concelia applied to the court in August asking it to review or set aside a ruling delivered by Judge Mumbi Ngugi and to issue an order to release her on bail pending appeal.
The application was made on the ground that there is new information presented before the court.
Concelia submitted that the initial application was dismissed in a ruling by the court in April and that the current application is based on the new and exceptional circumstances based on a medical report from Lang'ata Women Prison.
The state opposed the application saying the court lacked jurisdiction over the matter.
It said Ngugi already dealt with the application for bail pending appeal and dismissed the same.
It also argued that the letter attached is from the prison and is not reason enough to warrant Concelia being released as the same is not from a doctor and fails to show any history of the conditions pleaded.
Judge Ogembo in his ruling said Ngugi dismissed the application for bail which was also premised on grounds of ill health.
He took note of the new evidence being communicated by the officer in charge, Langata Women prison dated July 28.
The letter indicated that she is suffering from hypertension, diabetes, arthritis, and has not been responsive to the treatment offered at the clinic at the institution.
But the Judge said Concelia was asking the court to revisit an issue that had been dealt with by Judge Ngugi.
Ogembo declined her plea but said Concelia is entitled to the right to life and good health care.
He subsequently ordered the officer in charge, Lang’ata Women Prison clinic to facilitate the referral and treatment of Concelia, if need be top Kenyatta National Hospital or any other referral hospital.
Concelia, a widow and mother of two, was jailed by Chief Magistrate Lawrence Mugambi without a fine in march, stating that she was a repeat offender.
Her co-accused, Christine Wegesa Chacha, who was a senior education officer was ordered to pay a fine of Sh1 million or serve one year in jail, in default.
It was the second time Concelia was convicted and sentenced for stealing public funds.
She had been found guilty of forgery and false accounting, about a decade ago and was sentenced to two years in jail.
She paid a fine in the earlier case after she was found guilty of filing fake receipts to steal Sh1.06 million, which was meant for the purchase of stationery during a workshop for Coast region principals in June 2009.
Edited by Kiilu Damaris