Kisumu Magistrate Beryl Omollo will at 2 pm today rule on whether Nandi Governor Stephen Sang will face charges of incitement to violence and malicious damage of property.
The court will determine whether the Governor will face the charges after Eldoret High Court Judge Stephen Githinji gave an order barring security officers from arresting or detaining him yesterday. The court also directed he shouldn't be prosecuted.
The Governor is held at Kisumu Central Police Station. Sang's defense team had asked the court to terminate the charges, release him unconditionally pursuant to the Monday evening court order issued in Eldoret.
Earlier on, Kisumu Chief Magistrate Julius Ngarngar had disqualified himself from hearing the case on grounds that he was Governor Sang's friend.
He referred the case to another court.
On Monday Governor Sang was whisked away from Kapsabet town shortly after addressing the press in relation to Friday's uprooting of tea plants at Kibwari Estate in the company of some county officials and private citizens.
On Monday he said that his actions were lawful because the National Land Coalition had given his county the blessing to repossess the land, which he said belonged to community and was meant for Kaburet Cattle Dip.
While addressing a crowd at the county offices before his arrest, Governor Sang said that he had enough legal documents to back his claims. He rubbished reports that the police were looking for him, and that no warrant of arrest had been issued against him.