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In court: MPs face charges of incitement

Updated Thursday, June 17th 2010 at 00:00 GMT +3

They were driven to the courts just before 9am and ushered into the basement cells. An hour later they were walked through a dark basement alley that leads straight into the dock where they emerged in a packed courtroom.

Ordinarily, VIP suspects go through the main door and sit in the public gallery waiting for their cases to be called out. Though Machage and group were not in handcuffs the only special treatment they got was when other criminal suspects gave them space at the wooden bench in the dock.

They posed for pictures then sat and charted heartily with journalists for another 40 minutes before the court session began.

Soon after they had pleaded to the charges, eight lawyers led by Mr Katwa Kigen enlisted to represent the accused.

Chief Prosecutor, Onesmus Towett, applied to have them detained for three more days for the police complete investigations.

Towett produced an affidavit sworn by the lead investigator Robert Mabeya claiming new issues had come up since they were arrested.

Good standing

Mabeya claimed the accused were likely to interfere with investigations and even abscond. He applied to have Machage, Kapondi, and Miller remanded at Pangani and Kutuny at Muthaiga Police stations

Katwa opposed the application, saying it was intended to embarrass and humiliate his clients, especially since police had not disclosed the nature of the investigations they intended to carry out.

He said police had not explained why they had not conducted all the investigations since the offences were said to have been committed days ago.

Katwa said his clients had taken themselves to the CID headquarters, adding they were citizens of good standing. The four were taken back to the cells to wait for the ruling later in the afternoon.

Mr Mutembei ruled no justifiable reasons had been given to warrant remanding them in police custody, and ordered their release on cash bail. They will all report to the CID headquarters today morning.

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