Nairobi governor Mike Sonko will spend two more days in police custody pending his bail application ruling on Wednesday.
Milimani Law Courts Chief Magistrate Douglas Ogoti ordered that he be remanded at Industrial Area Prison.
On Sonko’s status of health claims, Justice Ogoti directed that he be attended to in the presence of the prisons’ authority.
Sonko’s defence team had told the court that the governor suffered chest complication following his arrest in Voi on Friday.
Lawyer Cecil Miller said that police assaulted his client adding that there was a possibility that he suffered a rib fracture.
The advocate said this while praying for Sonkos’s release on bail after he was charged with 19 counts of graft charges. He is accused of misappropriating Ksh357 million from the county coffers.
“I have with me a medical report by Dr Esther Nafula Wekesa which states that he (Sonko) should be released on bail immediately since he was assaulted during arrest and has developed serious chest complications and possible rib fractures,” he said.
Citing a 1997 case involving Sonko, the prosecution argued that the governor should not be released on bail as he is accused of escaping Shimo La Tewa prison after he feigned illness.
Miller dismissed the claims saying if the governor had a pending criminal case, authorities couldn’t have cleared him to run for a government position.
“The police, EACC cleared him to run as MP, Senator and even Governor. If he was a prison escapee, how could this have happened? There is neither a pending case nor a warrant of arrest against Sonko,” he stated.
“He was also awarded as a Good Deed Ambassador by UN…on account of all this, he cannot hide anywhere, he has no intention of going anywhere. Being a flight risk is allegation framed by those who arrested him…all his homes are guarded by Kenya police, how can he move away?”
The prosecution added that Sonko is wanted for assaulting a police officer.
“On assaulting the police, Sonko is actually the one who was assaulted. We understand there is a charge sheet awaiting him in Voi. We also apply that he is given bond terms to cover that matter so he can present himself instead of being re-arrested after this,” said lawyer Miller.
The defence team also told the court that the governor should not be barred from office as it will cause a constitutional crisis since he doesn’t have a deputy.