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Sudi stares at longer stay in police cells as state seeks his detention for 14 more days

By Julius Chepkwony and Japheth Ogila | September 14th 2020
Kapseret MP Oscar Sudi. [File, Standard]

Police and National Commission of Integration Commission (NCIC) say they are investigating the Kapseret MP Oscar Sudi on five offences ranging from hate speech to resisting arrest.

Police are in the process of seeking the court’s permission to detain Mr Sudi for 14 more days to investigate five counts levelled against him by the State.

In an application filed before a Nakuru Court on Monday afternoon, the National Cohesion and Integration Commission (NCIC) through an affidavit sworn by Inspector of Police James Akello, the agency says it is investigating Mr Sudi on  the five offences.

“The suspect is being investigated on the offences of: hate speech contrary to section 13(1) (a) of the NCIC Act of 2008, assault of police officer contrary to section 103 of the National Police Service Act of 2011, Offensive conduct contrary to section 94(1) of the Penal Code, unlawful possession of firearm and ammunition contrary to section 89(1) of the penal code and resisting arrest contrary to section 103(a) of the National Police Service Act.” Stated part of the application.

Sudi is being represented by 15 lawyers led by Gladys Boss Shollei, the Uasin Gishu Woman Representative.

Sudi who presented himself to the police on Sunday in Eldoret before he was flown to Nakuru County to record his statement spent the night at Nakuru Central Police Station cells.

 By 1:30 pm he was yet to take a plea as his lawyers put up a spirited fight to have him released on bond pending the investigations.

Nakuru Chief Magistrate Josephat Kalo is expected to giver a ruling after listening to arguments from both sides.

Arrest in Eldoret

Sudi was flown to Nakuru minutes after he surrendered at Langas Police Station in Uasin Gishu County on Sunday morning. He was then booked at Nakuru Central Police Station. 
Sudi posted on his Facebook page shortly after his arrest as he revealed that he was being flown to Nairobi. But the police chopper headed to Nakuru Central Police Station landing at the Dog Unit from where disembarked.
“I'm being airlifted to Nairobi. Will be landing at Wilson Airport shortly,” Sudi said moments after photos of him accompanied by other Jubilee politicians and his lawyers emerged online.
Earlier in the day, the MP said he surrendered to the police after getting reports from the media that the police were searching from him.
 “As a law-abiding citizen, I have presented myself at Langas Police Station early this morning even before the officers arrive. It was unnecessary to be treated with a lot of drama by sending a contingent of police officers to my home. I was away the time police arrived at my place. Thank you all for standing with me,” he said.

He stated in the OB that he had not received any summons from the police but volunteered to surrender only after his name dominated the media that the police were after him.

This is after he made remarks deemed abusive towards President Uhuru Kenyatta and his family recently, to which he vowed that he would not apologise over his utterances.

While speaking to Spice FM on Monday morning, NCIC Commissioner Sam Kona accepted that most cases the commission handles fail to conclude in a situation where one is found guilty. But on the other side, the commission explores reconciliation.

“In most of the cases that we have been able to pursue, we provide provisions reconciliation where someone says he is remorseful and won’t repeat it,” Sam Kona.
The legislator played a hardball even after the Deputy President William Ruto lashed at his statements saying that he and Emurua Dikirr MP Johana Ng’eno could have chosen respectable words to criticise the head of state.

Sudi has lined up a group of lawyers that will take to court to defend him over the impending charges.

His lawyers were with him on Sunday when the surrendered in Eldoret and later accompanied him to Nakuru Central Police Station where he was booked in.

Sudi’s arrest came after drama and running battles involving the police and his constituents who tried to bar the officers from gaining access to his home to arrest him.

He was aided by police to escape as a team of officers arrived at his home.

During the siege, one of the MP’s supporter was shot and injured while a police officer was attacked by a machete. Two police officers attached to the Presidential Escort Unit were arrested after they were found in the MP’s compound. They had not declared they were police officers all along as the siege went on before the MP escaped from the compound.

It later emerged a third officer who is a senior commander of the presidential guards had escaped alongside the MP. This was after his gun was found in one of the cars that were parked in the MP’s compound. The other two officers’ guns were confiscated as they were taken in for a grilling.

They said they were on an assignment in the area before they decided to visit the MP.

Those arrested too are expected in court Monday to face various charges, police aware of the plans said.

[Additional reporting by Cyrus Ombati]

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