MP Aladwa, 2 MCAs granted anticipatory bail blocking their arrest
Makadara Member of Parliament George Aladwa and two Members of the Nairobi County Assembly have gotten a reprieve after the High Court granted them anticipatory bail following claims of their imminent arrest on allegations of planning illegal street protests last week.
Justice Diana Kavedza ordered Aladwa, MCAs Peter Imwatok and Moses Ogeto, who are allegedly being sought by police since Tuesday last week, to deposit in court an anticipatory bail of Ksh100,000 each pending investigations over their involvement in the alleged offences of planning illegal demonstrations within Nairobi.
The judge further barred the Inspector General of Police Japhet Koome and the Directorate of Criminal Investigations (DCI) Amin Mohamed and Attorney General Justin Muturi from arresting the three politicians and detaining them in any police station in the country.
“Having considered the notice of motion, the affidavit of the applicants and the annexures, I am satisfied that the application is merited and issue the orders that the application is urgent," part of the ruling by Justice Kavedza read.
The judge, however, granted the police liberty to investigate or charge Aladwa and the two MCAs allied to the ODM party for any criminal conduct.
“For avoidance of doubt, the Inspector General of Police and DCI. However, they shall not arrest them unless the applicants fail to honour the summons and he shall not detain them in view of the Ksh100,000 anticipatory bail or until further orders of the court,” the judge ruled.
Justice Kavedza issued the orders after Aladwa and the two MCAs moved to court under a certificate of urgency, seeking a conservatory order to restrain the IG and DCI, their servants or agents, and junior officers from arresting, detaining, harassing or otherwise interfering with the liberty in relation to the exercise of their constitutional right to assemble, picket or demonstrate.
The politician urged the judge to grant them anticipatory bail arguing that they are currently in hiding following credible reports that police officers " are in hot pursuit for them" with an intention to arbitrarily arrest them on trumped-up charges arising from their exercise of the constitutional right to assemble, picket and demonstrate and their freedom of expression on July 18 and 19, 2023.
