Oscar Sudi granted Sh500,000 cash bail in incitement case, barred from addressing public rallies

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Kapsaret MP Oscar Sudi has been released on a Sh500,000 cash bail, a bond of Ksh1 million of a surety of the same amount, after appealing his seven days detention at Nakuru Central Police station over incitement case.

The controversial lawmaker has however, been barred from addressing public rallies.

Further, he will be required to report to any police station to help in the conclusion of investigations into the case.

Sudi had 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 lawyers argued there is no charge preferred against the MP. Sudi, when asked by the court whether he wouuld undertake not make any inflammatory  utterances if released, said he will not.

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,”

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.

Nakuru Law Courts Chief Magistrate Josephat Kalo had on Wednesday allowed the prosecution to detain Sudi for 14 days.

 

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