Sudi was on Friday, September 18 released on a Ksh500,000 cash bail or a bond of Ksh1 million following hate speech allegations levelled against him.
The lawmaker had appealed against a lower court’s decision to detain him for an additional seven days, beginning September 16.
Appearing before justice Ngugi,in the Nakuru high court earlier on Friday, the MP promised that he will not utter any inciting words before investigations into his case are over.
release him on reasonable bail terms.
His defense team led by Lawyer Nelson Havi said there were no grounds to further hold their client in an application before the High Court,
The defense lawyers argued that his detention was unconstitutional and a denial of his fundamental rights to liberty and fair hearing.
Then demanded that his release on reasonable bail terms.
The prosecution on the other hand maintained that Sudi has a great influence ‘on the ground’ and would interfere with investigations.
It urged the High Court to impose tough conditions in the event he is released on bond specifically barring him from issuing an inciting statement.
Following the submissions, the high court overruled magistrate court’s decision, saying the legislator had a right to be freed on bail or bond until he is formally charged.
While issuing the ruling Friday Justice Joel N. Ngugi said Sudi’s bond terms will expire upon sudi being formally charged.
The MP has been forbidden from holding any political rallies or making any public statements or proclamations.
He will be required to report to any police station to help in the conclusion of investigations into the case.
Judge Joel Ngugi also said that 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 explained.
“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,”
