Relief for NASA leaders as court grants them anticipatory bail to stop their arrest

Police have been barred from arresting 12 National Super Alliance officials over their role in the swearing-in of Raila Odinga last week.

Justice Luka Kimaru also granted an anticipatory bail of Sh100,000 to each of them but directed that they report to the Director of Criminal Investigations on Thursday next week to record a statement if required.

“An order is issued stopping the police or their agents from arresting the applicants pending determination of their suit. They are also granted an anticipatory bail to stop police from detaining them,” ruled Kimaru.

The NASA leaders include Siaya Senator James Orengo, Mombasa Governor Hassan Joho, Vihiga Senator George Khaniri, Kakamega Senator Cleophas Malala, businessman Jimi Wanjigi, and economist David Ndii.

Others are Dagoreti North MP Simba Arati, Embakasi East MP Babu Owino, Homa Bay Woman Rep Gladys Wanga, Makadara MP George Aladwa, NASA CEO Norman Magaya, and Oduor Ong’wen.

The leaders, through lawyer Nelson Havi, said they had reliable information that police wanted to arrest and detain them in connection with Raila’s swearing-in and feared that they would be detained like Miguna Miguna and TJ Kajwang.

“The powers to arrest given to police are being abused and misused to harass, intimidate, and oppress the applicants and to achieve ulterior motives. They are ready and willing to be investigated through a lawful process,” said Havi.

According to the lawyer, police only want to capture, torture, harm, and intimidate the NASA leaders although they have committed no crime.

He told the court that the Government had demonstrated its malicious intention to harm Opposition leaders by arresting them in Nairobi, taking them to various police stations, and refusing to produce them in court.

“Even in the presence of a court order, the police have blatantly refused to follow the rule of law. What they are doing is reminiscent of the assassination of JM Kariuki and other political detainees who have died due to government illegal actions,” said Havi.