Busia woman representative Florence Mutua, Suna East MP Junet Mohamed, Kilifi woman representative Aisha Jumwa and Kitutu Masaba MP Timothy Bosire at Milimani law courts over incitement charges.
Supporters of the politicians at Milimani courts.
The state is opposed to bond for
eight politicians who have been in police custody from Tuesday over hate speech allegations.
Prosecution lawyers Leonard Maingi and Daniel Karori made submissions on Friday against the release of the eight citing public interest.Maingi argued that if they are released on bail or bond they may repeat the offences.”Our submission is that there is a very high likelihood of the offences being repeated while they are out on bail,” he said.”We are not talking about petty theft; [the] entire fabric of the nation is threatened,” he continued, adding this cannot be allowed.He asked the court to consider the effects of the accusations against the politicians, and strike a balance between their interests and Kenya’s.Defence lawyers, Siaya Senator James Orengo and Okongo Omengi, had requested the clients’ release on bond.
They are representing MPs Timothy Bosire (Kitutu Masaba) and Junet Mohamed (Suna East), and woman representatives Aisha Jumwa (Kilifi) and Florence Mutua (Busia). “The accused have suffered pretrial punishment and being a Friday, we hope the court grants them a reasonable bail term,” said Orengo.He also asked that the accused remain in court should the bail be granted, instead of being sent back to the basement cells .He noted it is the legislators’ constitutional right to be released on bond, he urged the court to look at similar situations where bail has been granted.
He cited Sonu president Babu Owino’s casein which he was
released on Sh100,000 bail after spending two days in custody.
Omogeni asked the court to enforce conditions or terms to ensure there is no witness interference. “There is no document or affidavit stating any compelling reasons to deny the accused persons bail,” he said, and added that there should be no discrimination in the application of the law. Omogeni also said that the accused persons are not a flight risk and urged the court to rebuke charges that deny freedom of liberty. “With tremendous respect, the ruling you give now should govern all the other rulings,” he said.