Kuresoi North MP released on bond, ordered to appear before DCI thrice a week

A Nakuru court has released Kuresoi North Member of Parliament Alfred Mutai on Sh 100,000 bond or an alternative cash bail of Sh 50,000 after spending a night in cold police cells.

The court granted the MP release on bond despite opposition from police who sought to detain him for 21 days pending investigations into the violence witnessed during a women and youth empowerment event in the constituency.

Mutai was arrested on Monday after he surrendered himself to the Directorate of Criminal Investigations office in Nakuru to record statement in connection with the chaos that erupted on June 19 during an empowerment meeting held at Umoja Tulwet Senior School and organized by Nakuru Governor Susan Kihika.

The MP was produced before the court under a miscellaneous application in which investigators sought additional time to investigate allegations of arson, malicious damage to property and assault causing actual bodily harm.

Investigating officer Inspector Polycarp Magai,from the Directorate of Criminal Investigations (DCI) Kuresoi North Sub-County told the court that Mutai and other suspects yet to be arrested were linked to the incident.

According to the officer, an Isuzu minibus belonging to the Ngata Welfare Community Group was set ablaze during the confrontation, while two other vehicles, including a government vehicle, were damaged. The court was also informed that two people sustained gunshot injuries and were admitted to hospital in critical condition.

Inspector Magai argued that investigators required 21 days to conduct valuation of the damaged vehicles, record statements from witnesses who are undergoing treatment, facilitate medical examinations, conduct an identification parade and recover Mutai's firearm for ballistic examination.

However, the application was opposed by Mutai's lawyers led by Lawrence Karanja, Steve Biko, and Benson Guto, who argued that the prosecution had failed to provide compelling reasons to warrant detention.

The defense argued that detaining a sitting Member of Parliament for 21 days would prejudice his ability to represent constituents and perform his legislative duties. 

"No charge sheet had been presented to indicate the specific offences Mutai was facing.The investigators cannot ask to keep him locked up as they think on what to charge the parliamentarian with," Karanja noted

In his ruling, the magistrate noted that the prosecution had failed to demonstrate compelling reasons for continued detention.

"The officer failed to explain how detention would facilitate valuation of the damaged vehicles or prevent interference with witnesses. The court also questioned why evaluators from Nairobi were required instead of local experts in Nakuru," the court observed.

The court further heard that police had already searched Mutai's residence and arrested other suspects without obstruction while he was not in custody. 

The court ordered Mutai to report to the investigating officer every Monday, Wednesday and Friday until the expiry of the 21 days initially

The matter will be mentioned on July 14 for further directions.