Twelve suspects connected to the chaos in Kuresoi North, where three people were shot, one bus was burned, and two vehicles vandalised, have been released on bond.
The chaos happened on June 19, during a Kenya Kwanza women and youth empowerment programme at Umoja Tulwet Senior School, where supporters of area MP Alfred Mutai and Governor Susan Kihika clashed.
Senior Principal Magistrate Vincent Adet released the 12 on a bond of Sh50,000 each, with one surety. They can also pay a cash bail of Sh20,000 each.
The 12 include Duncan Kiplangat, Samuel Kiprotich, Vincent Cheruiyot, Erick Kipkemoi, Cosmas Kipkurui, Wesley Kiprono, Korir Cheruiyot, Aaron Ngetich, Tyson Koech, Kevin Kimutai, Ibrahim Rono, and Alex Yegon.
The police wanted to hold the 12 for 21 days while investigating them for arson, assault, and malicious property damage.
However, the court ruled that the police had no grounds to keep the suspects, who were arrested on the same day at the MP's residence.
"The application for the detention is not backed by any evidence but on speculations and assumptions," he ruled.
According to Adet, when the officer investigating the case was examined, it was clear that preliminary investigations cast doubt on the involvement of the 12.
The court observed that the 12 were not arrested at the scene of the crimes they are being investigated for.
Furthermore, the court ruled that the police failed to prove that, if released, the 12 would be a flight risk.
"The flight risk claims were raised on mere assertions which the court maintains do not meet the threshold to hold the suspects for three weeks," ruled Adet.
It was maintained that the arrests were based on unproven speculation and mere assumptions, and detaining the 12 would be prejudicial.
However, to balance the need for prompt investigation, the court ordered the 12 to appear before the investigation officers on Mondays, Wednesdays, and Fridays every week, until the 21 days expire.
The ruling followed an application by Inspector Polycarp Magai, who alleged that the 12 were in the company of MP Mutai, who allegedly instigated the chaos and shot the three people.
According to Magai, during the arrests, the police recovered crude weapons at the MP's premises, which were allegedly used to cause disorder.
He testified that they needed time to record statements from key witnesses and conduct an identification parade.
"We also need time to assess the vandalised and torched vehicles and for the victims in hospital to recover," he stated. He also alleged that the suspects might interfere with witnesses if released.
However, defence lawyer Benson Guto opposed the application, stating that no evidence was provided to link the 12 to the chaos or prove they were a flight risk.
Police have confirmed that they are still pursuing Mutai, who remains at large, despite being summoned.
Initially, 56 suspects were arrested, before narrowing down to the 12.
The case will be mentioned on July 13.
