A Nakuru court on Friday ordered the release of a Member of County Assembly (MCA) and his personal assistant who had been detained in connection with violent protests in Molo on June 25.
Senior Principal Magistrate Priscah Nyota ruled that the suspects be released on a personal bond of Ksh 50,000 each, with two sureties of a similar amount, citing lack of compelling reasons to justify prolonged detention.
The two were arrested on Thursday, a day after attending the burial of Dennis Njuguna, a Njenga Karume Secondary School student allegedly killed by police during nationwide demonstrations against the Finance Bill 2024.
In a sworn affidavit, investigating officer Corporal Richard Mayaka had requested the court to allow the suspects to be held for an additional 21 days. He argued that the prosecution needed more time to record witness statements and that the suspects might interfere with ongoing investigations.
State Counsel Janet Kisoi supported the application, citing Article 49(1)(h) of the Constitution, which requires compelling reasons to continue holding suspects. She told the court the suspects were allegedly involved in a conspiracy to destroy government property, including the Molo police station and judiciary offices.
However, defense lawyer Peter Okiro opposed the application, terming it defective and lacking factual support. He said the prosecution had nine days to investigate and had not presented any evidence of flight risk or witness interference.
Okiro emphasized that the investigating officer’s affidavit was riddled with unsubstantiated claims and had not been sworn before a Commissioner of Oaths.
In her ruling, Magistrate Nyota noted that the prosecution failed to provide any credible material showing the suspects posed a threat to the community or to the investigation process. She stated that detaining them without sufficient grounds would violate their constitutional right to liberty.
The magistrate further advised that if witness safety was a concern, the investigating team could invoke provisions under the Witness Protection Act instead of seeking extended detention.
The MCA and his assistant are accused of orchestrating protests in Molo that led to widespread property damage. They will remain free as investigations continue.
