By Roy Lumbe
Kapseret MP Oscar Sudi is set to appear in court on Friday after a successful application for review of detention orders at the Nakuru High Court.
Justice Joel Ngugi made the decision on Thursday evening after Sudi’s lawyers petitioned the court over the 7 days of detention ordered by the lower court.
In his ruling, Ngugi directed Sudi to serve his application to the Office of the Director of Public Prosecution before the matter could proceed.
According to Ngugi, after perusal of the documents and annexures presented by Sudi’s legal team, he agreed that the matter was urgent and needed to be expedited.
“The applicants are to serve the suit to the respondents in the matter and appear before this court today,” ruled Ngugi.
Sudi’s lawyers, led by Kipkoech Ng’etich and Nathan Tororei, argued Sudi was not a flight risk and unable to interfere with witnesses and ballistic examination. Hence his continued detention was unwarranted.
According to the lawyers, the magistrate claims that Sudi utterances could disturb public order, peace and security.
The court had already made a decision that their client is guilty of a charge that was yet to be preferred.
“It was made in due disregard that there was not even a holding charge. The decision is unconstitutional and an utter violation of the applicant’s rights,” said Ng’etich.
They further want Sudi admitted to bond pending hearing and determination of the matter saying the decision to hold their client was erroneous and inconsistent with the public matrix of justice as averred by the magistrate.
Sudi was on Wednesday remanded for a further seven days by Chief Magistrate Josephat Kalo on grounds that his release would disturb public peace and security.
Also, in the seven-day period, police are to conclude investigations into alleged hate speech, offensive conduct, unlawful possession of a firearm, and resisting.
