Kimilili MP-elect Didmus Barasa who is on the run has moved to court seeking bail pending arrest for murder.
In a suit filed under a certificate of urgency, Barasa through his lawyer John Khaminwa has asked the court to stop his imminent arrest and prosecution by the government over the alleged killing of an aide to his rival Brian Khaemba on the election day, August 9, 2022.
“The court do grant Barasa bail pending arrest on ex-parte basis and hearing of the application,” the court papers read.
The new development comes after the DPP Noordin Haji on Thursday morning ordered the arrested of Barasa over the Tuesday incident at Chebukwani Polling Station while the tallying was being undertaken.
Barasa has been on the run after he allegedly shot dead a security guard of his closest rival Brian Khaemba of the DAP-K party an incident that took place at Chebukhwabi Primary School in Kibingei ward.
In his application in court, the MP wants to be granted bail pending his arrest to protect his right to life.
“He should not be discriminated against as he is not only a Member of Parliament but also a citizen of Kenya with the full protection and adherence of his rights. He has a young family and he is the breadwinner and his children’s welfare shall be greatly prejudiced if he is not granted bail pending arrest, “Khaminwa says.
Khaminwa says that he is apprehensive that if MP Barasa is arrested by the police his movement will be minimized.
The lawyers also say that the media and social media users misquoted Barasa over the Tuesday incident where he shot and killed Brian Olunga the aide to his opponent Khaemba, following altercations among the aspirants at the Chebukwani polling station.
“The local dailies have misquoted the story and scandalized the issue and painted a bad picture of Barasa who is a known leader within the country and Bungoma county.
“According to a reliable source, the deceased was part of a hit squad that was deployed from Nairobi to cause commotion and was in fact killed by a stray bullet due to wrangles with his confidants, ” lawyer Khaminwa states.
The lawyer argues that his client has been branded a murderer without the due process being followed prejudicing his right to a fair trial and hence the need for the court to grant him bail pending arrest.
“No thorough investigations have been carried out by the Director of Criminal Investigations, however false information about the Applicant is circulating on social media affecting his safety, “Khaminwa says.
Barasa further argues that the orders to arrest him have been well orchestrated to defeat him the right to verify the vote tallying processes and bribery allegations that marred the voting of the parliamentary aspirants in his constituency.
Barasa who has since been declared as Kimilili MP-elect sought the re-election of the parliamentary seat on a UDA party ticket.
The legislator has been on the run since the shooting incident, with some police sources speculating that he may have fled into neighbouring Uganda.
