Ethics and Anti-Corruption Commission wants MPs' plea dismissed

The Ethics and Anti-Corruption Commission (EACC) has urged the High Court to dismiss an application by two MPs seeking to stop their arrest.

EACC through lawyer Charles Ayoo told the court that the Director of Public Prosecutions Keriako Tobiko acted within his constitutional mandate in recommending the arrest of Nandi Hills MP Alfred Keter and his nominated counterpart Sonia Birdi. Mr Ayoo said the two would not suffer any prejudice or harm if due process of the criminal justice system is followed.

"Every trial is an inconvenience to every suspect one way or the other. The discomfort of trial would not render these proceedings nugatory because the proceedings would be set aside and appropriate orders made," he said.

He said the petition by the two legislators is based on false assumptions and speculation on the action that will be taken against them. Justice Mumbi Ngugi directed the two MPs to present themselves to police and record statements and do as required by the police and the anti-graft agency.