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Mathare Member of Parliament Anthony Tom Oluoch has been charged at a Nairobi court with subversive activities of disobeying the lawful authority.

According to the charge sheet the accused jointly with others who were not before the court committed the offence on diverse dates between July 6 and 19, 2023 in Nairobi within Nairobi county.

The court heard that the accused jointly with others who were not before the court incited and mobilized members of the public to commit subversive activities.

He appeared before the chief magistrate Lucas Onyina and denied the charges.

The prosecution side led by Obili did not oppose his release on bond but strictly cited not to be released on free bond.

“Your honour we are not opposing his release on bond or bail terms but not a free bond,” he said.

The defence council led by Eric Theuri told the court that denying the accused bond is unconstitutional and he has the right to be released on bond or bail terms

” Bond is the constitutional right of the accused person to ensure his attendance for court trials and the court has the right to give a free bond,” he said.

Theuri further told the court that there was no evidence or document presented before the court showing he will not be attending court for trials.

“The accused is an advocate of the high court with distinguished character and a lawmaker and there’s no way he can make such a heinous act of contempt of court,” said Theuri.

The court also heard that the Law Society of Kenya is wondering why some people are charged out of their opinions and still worries how many people will be charged with the same offence out of 50 million citizens.

The society is further lamenting why the government is violating Act 49 of the constitution by failing to present the accused person before the court within 24 hours,

“The accused person was arrested on July 20, at 4:00 PM and he was charged today. The court has remained the only institution where the public can rush to seek justice,” he said.

He pleaded with the court to be lenient and release him on a cash bail of sh 5,000 claiming that his client is asthmatic and hypertensive.

In his ruling, the presiding magistrate considered the application made by both sides by saying that the accused has the right to be released on bond as a security of his appearance before the court for trial but dismissed his release on free bond.

He was released on a cash bail of Sh 70,000 with one contact person.

He will appear before the court for pre-trial on August 8th 2023.

At the same time, in the same court, two Members of the County Assembly were charged with the same offence of planning to commit subversive activities of disobeying the lawful authority.

Peter Imwatok Jateso of Pangani ward and Alvin Olando of Kitisuru ward appeared before the chief magistrate Lucas Onyina where they denied the charges.

The two Members of the County Assembly were charged separately for inciting members of the public to participate in the unlawful demonstration.

The prosecution told the court that on July 12, 2023, in Nairobi within Nairobi county at around 6:00 Imwatok Jateso jointly with others who were not before the court incited the public to commit subversive activities.

His Kitisuru Ward counterpart Alvin Olando faced the same charges of inciting and mobilizing the public to commit subversive activities on diverse dates between July 8 and 19 2023 in Nairobi within Nairobi county.

The prosecution did not oppose their release on bond and their defence led by council Sam Nyaberi urged the court to release them on free bond but the prosecution opposed it.

They were released on a cash bail of sh 100,000 with one contact person each.

The case will be mentioned on August 8 2023 for pre-trial.