Kuresoi North MP Alfred Mutai has escaped detention for 21 days, following links to a shooting chaos in Kuresoi North on June 19.
In a dramatic day that saw his supporters cause chaos at Nakuru Police Station, Mutai, who spent a night in a police cell after surrendering himself to the police on Monday evening, was arraigned in court in the afternoon.
Detectives wanted to detain Mutai for 21 more days as they probe him for arson, malicious damage to property and assault during the Friday Empowerment rally.
However, Senior Principal Magistrate Vincent Adet released Mutai on a Sh100,000 bond with a surety. He will alternatively pay a cash bail of Sh50,000 and provide a contact person.
Adet dismissed the application for detention, saying that no evidence had been tendered to warrant the detention of the MP for three weeks.
"The Investigating officer states that no charge has been preferred against the MP. Continued detention before any charge is preferred is not justified," ruled Adet.
Adet noted that Inspector Polycarp Magai who swore an affidavit for detention, struggled to explain why some of the reasons for detention were compelling.
First, Magai struggled to explain how releasing the MP would interfere with investigations, noting that the police were able to arrest 56 people at his residence when he was at large.
"Detectives accessed his home, arrested suspects and confiscated exhibits without any interference. By then the MP had not been arrested," ruled Adet.
Despite detectives submitting that some of the witnesses were in hospital, having been shot and injured, Magai failed to provide medical records to prove the same.
The court also faulted the police for demanding that Mutai surrender his firearm, without making a formal application or including the prayers in his affidavit.
"No formal application has been made for the MP to surrender his firearm," ruled Adet.
The court was also concerned that Magai struggled to explain the legal process for the surrender of a firearm, when he was cross-examined by Mutai's lawyer.
Futher, noting that Mutai was a public figure, Adet ruled that an identification parade would serve no purpose because victims and witnesses would identify him.
The court also ruled that the claims that Mutai would interfere with witnesses were assertions that were speculative because no witness had sworn an affidavit alleging the same or called the police to report him.
The court found it hard to understand how valuation of the vandalized vehicles and the torched bus would necessitate and justify the MPs’ detention.
Further, Magai failed to explain why they would require a valuer from Nairobi, when there were competent valuers within Nakuru.
“The court must stamp its guard against applications that are made in a fishing expedition, that are meant to limit rights of citizens without compelling reasons,” ruled Adet.
Although he dismissed the application and released Mutai on bond, he however, directed him to appear before the investigator on every Mondays, Wednesdays and Fridays until the 21 days lapse.
Detectives managed to detain Mutai for a night after he surrendered himself on Monday evening at the office of Directorate of Criminal Investigations.
They say that he orchestrated the violence during last Friday’s empowerment programme that saw three people shot, bus torched and two vehicles vandalized.
Despite admitting that youths supporting Mutai clashed with those supporting Nakuru Governor Susan Kihika, detectives failed to prove that they had questioned the governor over the same.
Magai was questioned by Mutai’s lawyers Lawrence Karanja, Steve Biko and Benson Guto on why he did not arrest Kihika’s supporters, he failed to explain himself.
He also failed to explain why Mutai had been barred from attending a public function in his own sub county.
Speaking shortly after his release, Mutai said that he suffered during his detention and he felt it was a plan orchestrated by his political rivals who ensured he had to be detained.
“I have been released and I am grateful for the independence of the courts. Today it was justice against money and justice won,” he said.
“I am free Today and I was released with the youths who were also arrested at my home. I thank God because no one was supporting me apart from my close friends,” he said.
Mutai said that politics and campaigns had begun but leaders should not use force to campaign and bar others from speaking their mind in politics.
“Gone are the days where powerful leaders want to force others to behave, speak and walk the way they want. Those who wanted me to be detained for weeks or granted higher bond terms you have failed!” he stressed.
The case will be mentioned on July 14.
