Kapseret MP Oscar Sudi will know this afternoon whether he will be out or continue to spend time behind bars.
Nakuru High Court Judge Justice Joel Ngugi said he will deliver a ruling on a review application filed by the MP through his lawyers today.
Sudi in the application sought orders by the court to have him out on bond and not seven days in the cells as ordered by Chief Magistrate Josephat Kalo on Wednesday.
His lawyers argued that the trial court gravely erred and failed to be guided by the Constitution when it ordered the lawmaker be detained for seven days to allow detectives to conclude investigations.
“The error led to wrong interpretation which failed to appreciate the spirit and laws of the Constitution. This led to the decision which led to the holding of the applicant without trial for 11 days,” said lawyer Nathan Tororei.
The lawyer said allowing pre-charge detention takes away the fundamental rights of the suspect protected by the Constitution. He informed the court that Sudi is willing to comply with the conditions set.
The lawyers argued there is no charge preferred against the MP.
Sudi, when asked by the court whether he would not make any inflammatory utterances if released, said he will not.
The Office of the Director of Public Prosecutions however opposed the review application. The DPP said they are still conducting investigations.
Daniel Karuri, who represented the ODPP, said they could not have preferred any charge until they are done with the investigation. “The suggestion we prefer a holding charge is not tenable. The same would not be accurate in its particulars as investigations are still ongoing and would offend the very principles of certainty of a charge. The interest of justice demands protection of the investigation process against hindrance by the accused person,” Karuri said.
Karuri added that if the court will be persuaded to grant bail the MP should be barred from making any inciteful utterances.
Sudi has been in custody since Sunday when he surrendered at Langas Police Station. He was flown to Nakuru where he was detained at the Central Police Station. He has however been at Nakuru Rift Valley Provincial General Hospital receiving treatment.