Kapseret Member of Parliament Oscar Sudi can now breathe easy after the High Court in Nakuru ordered that he be released on Ksh500,000 cash bail, a bond of Ksh1 million or a surety of a similar amount.
The MP had appealed a ruling by a lower court to detain him for seven more days on Wednesday in hate speech and incitement case.
In a ruling delivered on Friday afternoon, Justice Joel Ngugi barred the MP from holding a public rally until hate speech probe against him is complete.
In his ruling, the judge 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 said.
“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.”
Justice Ngugi further stated that the ruling to detain the MP was unlawful because the state failed to prove that the lawmaker is capable of interfering with witnesses.
“The Applicant shall report to any Police Station as summoned by the Investigating Officer for purposes of completing investigations,” justice Ngugi ruled.
The MP has been locked up at Central Police Station from last Sunday when he was arrested.
The prosecution had on Monday sought to have the MP detained for 14 days to allow the police to conclude investigations before charging him.
The state counsel said they intend to charge Sudi with five counts including hate speech, assaulting a police officer, offensive conduct, resisting arrest and being illegal possession of a firearm.
The MP surrendered himself to Langas Police station on Sunday morning after two days of being sought over alleged hate speech and incitement remarks. He was later airlifted to Nakuru and detained at Central Police Station.
The MP had allegedly gone into hiding after police camped in his home last Friday seeking to arrest him over “offensive” utterances against President Uhuru Kenyatta and the First Family, notably Mama Ngina Kenyatta.