Nairobi News

The High Court has barred the police from arresting Makadara MP George Aladwa and also to immediately release the mobile phones confiscated from Embakasi East MP Babu Owino.

As Lady Justice Diana Kavedza made the orders on Tuesday, Chief Magistrate Francis Kyambi freed former leader of the outlawed Mungiki sect, Maina Njenga, on a bond of Sh200,000 with an alternative cash bail of Sh100,000.

Mr Njenga was freed alongside his brother, Peter Kamunya, and Felix Ratu Lakishe (Njenga’s personal assistant). They were charged with being in possessions of arms.

While blocking the arrest of Aladwa, Justice Kavedza said the Constitution allows the High Court to intervene whenever a right or a fundamental freedom of a citizen in the Bill of Rights is threatened.

The judge said Aladwa had gone into hiding after getting information that police were seeking to arbitrarily arrest him and two others on trumped up charges. Aladwa has since resurfaced.

Lawyers Tom Kwanga, Duncan Okatchi, Jackson Awele, Peter Kaluma, Danstan Omari and the president of the Law Society of Kenya, Eric Theuri urged the judge to intervene and protect the rights of Aladwa and MCAs Peter Imwatok (Makongeni) and Moses Ogeto Nyangaresi (Kilimani), who were all facing imminent arrests.

Kwanga told the judge that Aladwa, Imwatok and Nyangaresi were being pursued over their rights to exercise their constitutional rights to assemble, picket and demonstrate and their freedom of expression.

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In her brief ruling Justice Kavedza said the application to admit the three on anticipatory bond is merited.

Aladwa, Imwatok and Nyangaresi have named the Inspector General of Police, the Director of Criminal Investigations (DCI) and the Attorney General as the respondents in the case.

The judge said the applicants have proven that their rights are at stake and proceeded to grant the Conservatory Order restraining the respondents from arresting, detaining, harassing and or otherwise interfering with the liberty of the three politicians, while exercising their constitutional rights to assemble, picket, demonstrate and freedom of expression.

Justice Kavedza ordered each of the three to deposit a cash bail of Sh100,000 until September 26, 2023 when the case will be mentioned for further directions.

Aladwa can now move freely without fear of being arrested by the police. The court said the police are free to conduct investigations against the MP without arresting or detaining him.

The orders came hot on the heels of the arraignment of Mathare MP Antony Oluoch and two Nairobi County MCAs on a charge of engaging in subversive activities. Oluoch was freed on a cash bail of Sh100,000. He has deposited the same in court.

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Ordering for the return of the mobile phones to Mr Owino, Milimani Law Courts magistrate Esther Kimilu, said the police must by now be through with extracting whatever information they wanted from the MP’s phones.

“I direct police to release Mr Owino’s mobile phones before the close of the business today (July 25,2023),” she ruled.

Ms Kimilu further summoned Industrial Area Police Station’s Officer Commanding Station (OCS) to explain why they have continued to detain the vehicle of Tom Odongo Ong’udi at the station.

The magistrate also directed political activist Calvin Okoth Otieno aka Gaucho to file a report to any police station falling under Kilimani Police Division about his attack by 30 goons when he was detained at Kileleshwa Police Station on July 21, 2023. Gaucho told the court he was seriously assaulted.

Ms Kimilu directed the case to be mentioned for pre-trial directions on August 3, 2023.

Mathare MP, Anthony Oluoch, was also directed to report to any police station to be issued with a P-3 Form over his alleged assault by police officers when they held him incommunicado for four days.

Mr Oluoch was charged in court on Monday with engaging in subversive activities and inciting members of the public to disobey the lawful authority.