MPs seek to stop arrest on Fridays and public holidays

Nakuru Town West MP Samuel Arama and Kisii Woman Representative Janet Ong’era at Milimani law courts. Ong’era had gone to show solidarity with the legislator. Arama was released on a cash bail of Sh1 million. [George Njunge, Standard]

The police are on the spot for arresting and detaining suspects, including VIPs, on Fridays and public holidays.

MPs now claim that the practice that has seen a number of their colleagues spend long weekends behind bars is meant to harass and intimidate innocent Kenyans, as they wait to be presented in court.

Yesterday, West Mugirango MP Vincent Kemosi tabled a Motion to discuss the issue on the floor of the House.

More than five MPs have in the past been locked up in the police cells on incitement and corruption-related charges on Fridays. Also affected are dozens of top government officials.

Mr Kemosi, who is also a lawyer, raised concerns that MPs, senior public officials and the public arrested on Fridays were often denied bail. The MP pointed out that Article 49 (I) (h) of the Constitution provided that an arrested person has a right to be released on bond or bail on reasonable conditions pending charge or trial, unless there are compelling reasons not to be released.

Further, he urged Director of Public Prosecutions Noordin Haji to defend the Constitution and not wade into politics.

Minority Whip Junet Mohammed (Suna East MP), who was once arrested and detained for four days in Pangani Police Station together with five of his colleagues last September, lamented that police harassed suspects in cells before they were arraigned in court. “This House must protect the Constitution and we must speak for other Kenyans outside there,” said Junet.

“All suspects still in court are innocent until proven guilty. We must speak against illegalities made to our colleagues. Don’t wait until they come for you,” said Amos Kimunya (Kipipiri).

Janet Ongera (Kisii County) condemned the random arrest of MPs on flimsy grounds and accused police of being used to settle political scores.

Makali Mulu (Kitui Central) warned that the arrests and unlawful detention of suspects painted a picture of an uncivilised country.