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BY UPESI REPORTER,NAIROBI,13TH JAN 2020-A High court in Nairobi has declined to issue Gatundu South Member of Parliament Moses Kuria anticipatory bail, instead directing that he takes plea on Tuesday.
Kuria, through his lawyer John Khaminwa, accused the police of violating court orders issued by Magistrate Cheruiyot ordering his release last week.
“I asked them why they can’t release him and the response was ‘I’m sorry I can’t assist you, my hands are tied,’” said the lawyer.
Khaminwa also stated that the State was “beginning to behave in a roguish manner,” saying his client – Kuria – could hence not take plea.
“Having disobeyed the court orders then we can’t proceed with the plea or any application…The matter should be set for hearing before Magistrate Cheruiyot.”
The legislator further sought protection claiming he, alongside his Kandara counterpart Alice Wahome, were threatened by Kilimani Police Station OCS.
Khaminwa hence urged the court to issue Kuria with anticipatory bail to prevent his re-arrest by the police.
The court said, “On the issue of infringement of his rights, the suspect should file a formal petition for DPP to respond appropriately,” adding “..the issue of contempt should be dealt with by the court that heard the application on Friday.”
The court also dismissed Kuria’s application seeking anticipatory bail saying charges before him were properly in law.
Khaminwa sought more time to advise Kuria; an application that was opposed by the prosecution counsel.
Magistrate Martha Mutuku ruled that Kuria takes plea in the matter on Tuesday at 9am, further extending his police bond and court bond.
Kuria was on Friday arrested and detained at the Kilimani Police Station after a woman accused him of assault.
The Gatundu South MP was released on Saturday after posting a Ksh.20,000 police bond.