Couple linked with same sex marriage released on bail

Four people facing charges of engaging in homosexual acts have been released on bail after the Mwanza Residents Magistrate's Court dismissed prosecution’s affidavit asking the court to deny them bail.

The ruling has been made today, December 15, by the Principal Magistrate in Charge, Mr Wilbert Chuma after agreeing with the argument by defence lawyers Mashaka Tuguta, Ogastini Kulwa and Jebra Kambole that the arguments submitted by the prosecution are weak and baseless before the law.

The defendants in the case number 548/2017 are Milembe Suleiman and Janeth Sonza, a law student at the St Augustine University, who are  accused of fitting engagement rings despite both being women.

Others are Ms Aneth Mkuki, who is charged with facilitating the engagement ceremony and Mr Richard Fabian who faces cybercrime charges for sharing event's video on social networks.

In his ruling, the magistrate said the court does not work on rumours and feelings, and that the accused may be harmed by members of the public, who are unhappy with their acts.

"The prosecution failed to clearly show how the public was grieved and who will be actually harmed if the accused were released on bail,” Mr Chuma said.

All the accused were released on bail after completing bail conditions of one surety to sign a bond of Sh6 million. The case will come for mention on January 8, 2018.

On December 13, the prosecution filed an affidavit signed by the Mwanza Regional Crimes Officer (RCO), Mr John Ndibalema asking the court not to grant bail to the accused on grounds that they will interfere with the ongoing investigation process.

In his affidavit filed before the court by the State Attorney Mr Emmanuel Luvinga, they also argued that if granted bail, the accused may be harmed by the public, which was grieved after watching their engagement ceremony video through social media platforms.