Lawyer to under fire Kapseret MP, Oscar Sudi has moved to the High Court to challenge the MP’s seven-day detention.
Kipkoech Ng’etich filed a criminal review application to the High Court for Sudi, seeking to have the court overturn the decision. Sudi wants the High Court to order his release on bail or bond.
Chief Magistrate Josephat Kalo had ruled that Sudi was to remain in custody as the police concluded investigations.
The Magistrate allowed the police to detain Sudi at the Nakuru Central Police Station to allow the conclusion of the investigations into five charges against him. This was as he partially granted an application by the National Cohesion and Integration Commission (NCIC) on the same.
Sudi presented himself to the police on Sunday, 13th and appeared in court for the first time on Monday 14th.
Violation of Sudi’s rights
“The applicant prays that pending hearing and determination of this application inter partes, the court be pleased to admit Mr Oscar Sudi to bail and or bond on such reasonable terms that the court may deem fit,” part of the application reads.
Ng’etich also said that the decision violated Sudi’s right to liberty and was unlawful.
Indeed several Kenyans took to social media to condemn the detention without trial. They said that it clawed back the constitutional rights of citizens.
“Dear Kenyans, Four years ago, the High Court ruled that it was unconstitutional for the police to arrest people and then hold them without charge as they ‘complete investigations’. So why do judges still allow it to happen?” Gathara, a social and political commentator, asks.
Oscar Sudi’s troubles began with a video in which he launched an attack on the President for poor leadership.
Some saw his remarks as inflaming passions among his constituents. However, a section of Kenyans did not see incitement in it.