By Andrew Kariuki
The Milimani Magistrates court has released a suspect on a Ksh20,000 cash bail in a case involving alleged threats made against Nominated Senator Hezena Lemaletian, after finding no compelling reason to grant the Directorate of Criminal Investigations (DCI) a seven-day detention order.
The suspect, who was arrested on Friday, opposed an application by the DCI seeking to detain him for seven days to allow completion of investigations into alleged threatening messages sent to the senator, arguing that the request was excessive and violated his constitutional rights.
Addressing the court, the accused disputed claims by the prosecution that he had no fixed abode, stating that he resides in Buruburu with his wife and two children and does not live in his car, which had already been impounded by police.
He also told the court that investigators already had possession of his phone, SIM cards, vehicle details and other materials, arguing that continued detention would not add value to the investigations.
“Your Honour, the prosecution should stop speaking on my behalf. I do not live in a car. I am not a bird,” the accused stated, while requesting reasonable bail terms and informing the court that he is currently unemployed.
In its ruling, the court held that the prosecution had not demonstrated that the accused posed to be a flight risk, had no permanent residence or was likely to interfere with witnesses or evidence, noting that the key investigative materials were already in the investigators’ custody.
The court therefore declined to grant the detention order and released the accused on a Ksh20,000 cash bail, with the requirement of one contact person, pending further investigations.
The matter is set for mention on February 16
