The state had succeeded in its application at a lower court to hold Kapseret MP Oscar Sudi in custody for seven days as police investigate five counts against him, ranging from hate speech to resisting arrest.
But Kapseret MP Oscar Sudi got a reprieve after a judge released him on Sh500,000 bail pending his plea taking.
Sudi has moved to the High Court to challenge a decision by a lower court to detain him for seven more days as the National Cohesion and Integration Commission (NCIC) and the police investigate seven charges leveled against him by the state.
Justice Joel Ngugi ordered Sudi to maintain law and order while enjoying his freedom; and avoid making utterances that may jeopardize his freedom.
He noted that the lower court wasn’t proportionate in determining his detention.
“Holding a person for over 24 hours without preferring charge is unconstitutional. The state didn’t satisfy the double test as the detention was not in good faith and could be avoided,” Justice Ngugi ruled.
He noted that the rights of the accused despite the charges must prevail.
“That it be presumed innocent unless proven otherwise. There were no compelling reasons to detain the accused for a week. The state made no step to show how the accused will interfere with the case,” he ruled as he set Sudi free.
Three police guards attached to Deputy President William Ruto were yesterday questioned on their role in the escape of Kapseret MP Oscar Sudi from his house when the police raided with the intention of arresting him.
The officers — a chief inspector and two constables — are attached to the elite Presidential Escort Unit which guards the president, his deputy and their families.
They were summoned to police headquarters where they faced a panel of their colleagues. Officials aware of the developments said they were asked to explain why and how they were in the compound of Sudi last Friday night when a team of officers arrived there to arrest him.
The probe will be used for, among others, internal disciplinary action on the officers. They could be charged with aiding the escape of a prisoner if the team investigating the same arrive at that decision.
Preliminary reports indicate the officers had escorted the DP to his residence, where they handed him over to the GSU officers guarding his Sugoi residence.
They then left to join Sudi at his house kilometres away. When the police arrived, they were still in the compound.
The presidential escort officers did not declare who they were in time. This was even after shots were fired at the entrance of the compound as the team forced its way in.
It was after the police officers gained entry that it emerged one of the members of the elite unite was armed with a Jericho pistol loaded with 15 rounds of ammunition while his colleague had a Ceska pistol and 30 rounds of ammunition, according to police headquarters sources.