Five Members of the Nairobi County Assembly (MCAs) allied to Azimio la Umoja One Kenya coalition who are being sought by police over alleged hate and incitement utterances during a political rally have been granted anticipatory bails pending any arrests.
High Court Judge Daniel Ogembo granted Peter Imwatok (Majority Leader), Stazo Omungala, Absolom Onyango, Calvin Okoth and John Mukoya personal bonds of Sh200,000.
Justice Ogembo ordered the Inspector General of Police (IG) Japheth Koome and the Director of Criminal Investigations (DCI) not to detain the five vocal MCAs in custody should they arrest them pending formal charging in court.
The judge further directed the five MCAs to surrender themselves to the Investigating Officer at the DCI’s office for interrogation and recording of statements.
Applying for the granting of anticipatory bond, lawyer Brian Khaemba told Justice Ogembo that the five are holed up at City Hall and cannot leave since officers from the DCI “are camping outside the County offices to arrest them.”
Mr Khaemba urged the judge to intervene so that the fundamental rights of the suspects are not infringed since an earlier move to detain and charge Mr Onyango, the Korogocho MCA was thwarted by the court.
Last week police were barred by Milimani senior principal magistrate Gilbert Shikwe against detaining the outspoken MCA over alleged incitememnt remarks at Chungwa House on January 25, 2023.
Justice Ogembo heard soon after the release of Mr Onyango, police regrouped their efforts then summoned Imwatok, Omungala, Onyango, Okoth and Mukoya for interrogation.
“The five MCAs are apprehensive that police are out to arrest them and detain them incommunicado thus I pray you intervene and grant them anticipatory bond,” Mr Khaemba urged.
In his ruling Justice Ogembo said the five MCAs have established they have an arguable case then proceeded to grant them a temporary reprieve.
Ruled Justice Ogembo: “In the meantime each of the applicants to be on personal bond/anticipatory bail of Sh200,000.”
“This bond to subsist till the next hearing date or when (if) the applicant MCAs are charged in court, whichever is earlier.”
In the interim, the judge ordered that police should not arrest and or place the five MCAs in custody.