Kapseret Member of Parliament Oscar Sudi has been freed on a Ksh. 500,000 cash bail, a bond of Ksh.1 or a surety of the same amount.
The vocal Member of Parliament has been forbidden by the court from making any public statements, holding any political rallies or making any proclamations.
During the Friday afternoon ruling, High Court Judge Joel Ngugi said the fact that the MP is influential did not warrant his incarceration for an additional 7 days.
“The reason to hold the applicant for 7 days will not risk public order peace and security, what is the logic of his continued detention? This is not rationally related to the risk alleged,” the judge explained.
“The logic to detain an individual over risk to public order peace and security has been substituted by an opposite that everyone is innocent until proven guilty”
Nakuru Law Courts Chief Magistrate Josephat Kalo had on Wednesday allowed the prosecution to detain Sudi for 14 days.
High Court Judge Joel Ngugi also stated the allegations of Sudi assaulting a police officer should have been proved by the injured police officers in question and perpetuated by locals and politicians.
Judge Ngugi also said that the ruling to detain the MP was unlawful because the state failed to prove the MP is capable of interfering with witnesses.
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Sudi is charged with hate speech, offensive conduct, resisting arrest, being in unlawful possession of a firearm, and assault of a police officer.
Sudi is required to report to any police station in the country to aid in the conclusion of investigations into the case.
Sudi’s remarks on President Uhuru Kenyatta and his mother and former first lady, Mama Ngina Kenyatta landed him in trouble with a contingent of police officers sent to his house on Friday night, September 11, to arrest him. At the time, Sudi claimed that he was not on the premises.
“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 stated.
