Malindi Member of Parliament Aisha Jumwa and her bodyguard Okuto Otieno will spend another night in police cells awaiting their bail application ruling on Thursday.
The two, who were arrested on Wednesday morning at around 3am, were arraigned at Mombasa Law Courts where the prosecution sought to hold them for 21 days to allow the police conclude investigations into a fracas that led to the death of one person on Tuesday night in Ganda, Malindi, Kilifi County.
The deceased, Ngumbao Jola, was shot dead following the chaos that was witnessed after Jumwa stormed a meeting of ODM agents at a house belonging to Reuben Katana, the ODM candidate in the Ganda Ward by-election slated for tomorrow, October 17.
The MP is accused of assault, incitement and murder of Jola, an uncle to Katana. However, the charge sheet was not ready.
Earlier, the vocal lawmaker denied the allegations that she shot Katana’s uncle dead, saying the guns were fired after she had already left.
“I am not armed, I do not possess a gun or shown any interest to apply for a firearm licence. Therefore, the people who organised the illegal meeting should take responsibility for the death,” she said.
The court heard that if Ms Jumwa, who is supporting Abdul Omar, is released from police custody she will interfere with potential witnesses in the case.
However, the defendant’s legal team opposed the claims saying ms Jumwa has a constitutional right of being released on bail.
They argued that Ms Jumwa is Omar’s Chief Agent and detaining her would deny the candidate a chance to be represented by a person of his choice.
The MP and her co-accused will be detained at Kilindini Police Station pending a ruling on their bail by Senior Resident Magistrate Vincent Adet on Thursday morning.
Meanwhile, the Independent Electoral and Boundaries Commission (IEBC) has condemned the melee.
The Commission Chairman, Wafula Chebukati, noted that IEBC had summoned the two candidates involved in the melee — Omar and Katana — to record statements on the matter.
“The Commission does not condone any acts of lawlessness that can subvert the course of a free and fair election and will not hesitate to take appropriate action against any perpetrators, ” said Chebukati.
Chebukati added that the Thursday by-election will go on as scheduled.
“The security agencies have assured the Commission of adequate security during the by-election. We, therefore, urge the voters to come out in large numbers to exercise their democratic right, ” he added.