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Kilifi Deputy Governor Gideon Saburi at a Mombasa court on Monday.

It was a reprieve for Kilifi Deputy Governor Gideon Saburi after a Mombasa court dismissed an application requesting to detain him at Manyani Prisons.

It was a reprieve for Kilifi Deputy Governor Gideon Saburi after a Mombasa court dismissed an application requesting to detain him at Manyani Prisons.

“This court does not have any medical documents in relation to the respondent (Saburi) upon which this court can rely on and order that he be taken to isolation,” Senior Resident Magistrate Rita Amwayi ruled, adding that the Public Health Act was categorical on steps to be taken before an order for isolation is granted.

The magistrate further said that court was not provided with an opinion of a health officer or a certificate signed by a medical officer with respect to the respondent’s hearing.

“In absence of crucial documents, how can this court order isolation of the respondent?” she posed.

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The office of the Director of Public prosecution had wanted the DG to be held at Manyani Maximum Security Prison, the fifth largest maximum prison in the country, to enable police to complete investigations.

Manyani is located in Tsavo, Taita Taveta County.

In her ruling on Thursday, the judge said they could not send Saburi to Manyani Prison as that would have been a violation of his rights.

“The applicant has not convinced the court why they want the respondent (Saburi) to be placed in isolation,” she ruled.

The application was dismissed with costs.

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The Deputy Governor was arrested last week outside the Coast General Hospital upon discharge.

The Covid-19 survivor is facing charges for refusing to isolate himself.

He was declared fit by the Health Ministry after all the three tests he was subjected to turned negative.

Health CS Mutahi Kagwe stated that Saburi will now be left to fight his woes in court after the government said that he will be charged for failing to self-quarantine when he arrived in the country from a German trip.

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Saburi had previously apologised to Kilifi residents for unknowingly interacting with them when he was sick.

He told journalists that he never intended to cause harm and never exhibited symptoms of the virus, and was only treated on mild flu at a Mombasa hospital and discharged immediately with a clean bill of health.

The prosecution had argued that his actions had angered the residents of Kilifi County and hence they may want to harm him.

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