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BY JOAN WANJIKU,NAIROBI,18TH SEPT,2020-Kapseret Member of Parliament Oscar Sudi has been freed on a Ksh. 500,000 cash bail, a bond of Ksh.1 or a surety of the same amount.
The MP has been forbidden from holding any political rallies or making any public statements or proclamations.
Further, he will be required to report to any police station to help in the conclusion of investigations into the case.
During the Friday afternoon ruling, High Court Judge Joel Ngugi said the fact that the MP is influential did not warrant his incarceration for an additional 7 days.
“The reason to hold the applicant for 7 days will not risk public order peace and security, what is the logic of his continued detention? This is not rationally related to the risk alleged,” the judge explained.
“The logic to detain an individual over risk to public order peace and security has been substituted by an opposite that everyone is innocent until proven guilt,”
He also noted the allegations of assaulting a police officer should have been proved by the injured officers and not by locals or politicians.
Judge Ngugi also said that the ruling to detain the MP was unlawful because the state failed to prove the MP is capable of interfering with witnesses.
Nakuru Law Courts Chief Magistrate Josephat Kalo had on Wednesday allowed the prosecution to detain Sudi for 14 days.
Sudi is charged with hate speech, offensive conduct, resisting arrest, being in unlawful possession of a firearm and assault of a police officer.
A group of political leaders allied to him, led by Elgeyo Marakwet Senator Kipchumba Murkomen, attended the court session in solidarity with him.
The Kapseret MP was arrested for alleged offensive remarks he made against the person of President Uhuru Kenyatta and former First Lady Mama Ngina Kenyatta.
Before his arrest, the outspoken controversial legislator that insisted he had insulted no one and would not apologise.