The Milimani Law Courts have declined an application by the prosecution to detain Busia County Senator Okiya Omtatah and 22 others accused of participating in an unlawful assembly.
Magistrate Ndombi ruled that the offences alleged by the prosecution were misdemeanors, and the suspects did not need to be in custody for investigations to proceed.
According to the magistrate, the scope of investigation as alluded by the prosecution does not demand that the accused persons should be in custody for investigations to proceed.
She said that every person under the constitution has a right to freedom hence detention without trial should not be limited except under Law.
“The nature of the offences does not warrant detention of the accused persons. The prosecution has failed to prove any probable reason to warrant detention of the accused. As a result the 23 persons will be released on Ksh 1,000 cash bail each. The case will be mentioned after 14 days.” Ruled magistrate Ndombi.
In the case, the prosecution had filed a miscellaneous application to detain the 23 suspects for 14 days pending investigations and directions from the DPP.
According to the state, the suspects took part in unlawful assembly and created disturbance in a manner likely to cause bleach of peace.
The twenty three suspects include; Davis Lichuma, Nicky Kirima, Julius Kimani, Ian Obongo,Hassan Githinji, Elisha Ochieng, Odhiambo Ojiro, Victor Mbonyo, Ademba Allans, Emmanuel Ongau, James Amboka, Benjamin, Mwaura, Stephen Owoko, James Ochieng, Joshua Okanyo, Fabian Ochieng, Ngayo Ahamo, Phillip Onyango, Dalience Muthune, Cyrus Waweru, Nicholas Karanja, Wayne Ouma, Okiya Omtatah.
