Mathare MP Anthony Olouch and two Nairobi MCAs were Monday charged with conspiracy to commit subversive activities against the law by inciting members of the public to demonstrate.
Olouch, Makongeni MCA Peter Imwatok a,nd Kitusuru MCA Alvin Orlando appeared before Milimani Chief Magistrate Lucas Onyina and denied that with others not before court, they mobilized and incited members of the public to commit subversive activities by demonstrating.
They allegedly committed the offense on July 12 in Nairobi County.
Lawyers led by LSK President Eric Theuri, Peter Kaluma among others urged the court to release the accused persons on bail stating that they are state officers.
Read: Mathare MP Anthony Oluoch Detained at Kiambu Police Station
Theuri said the accused have a fixed abode and are not a flight risk.
He questioned how many people will be charged with similar offences of demonstrating.
“I plead with you to release the accused on free bond as this is a trial you wouldn’t be happy to listen to,” Theuri pleaded.
The defense further asked to be supplied with witness statements as they intend to move to the High court to challenge the proceedings on violations of their rights.
Kaluma submitted that Olouch was arrested on July 20 at 4pm and was not presented in court within 24 hours. His rights were violated by not granting him bond or bail pending his arraignment in court.
“The courts are the temple of justice as at long last, the accused had to appear before you,” Kaluma said.
Kaluma added that the government is determined to have all Azimio leaders be arrested and brought before this court including himself.
He said the police are waiting for him outside the court to arrest him. “But ‘I will deal with them when I get to the dock.”
The court also heard that Olouch was tortured while in police cells.
The court was told that despite Imwatok being granted anticipatory bail of Sh100,000, the police arrested and detained him.
Read Also: IJM Condemns Use of Excessive Force by Police During Protests
Theuri urged court to give orders that the police should stop the illegal arrests or rearrests of people who already have been granted anticipatory bail.
But if police need them let them appear before a police station with their lawyers so that we can have dignity in our country.
The prosecution did not oppose bail but urged court not to release the suspects on free bond.
Onyina considered the submissions by the defense and released Olouch on a cash bail of Sh100,000 while Olando and Imwatok were released on a Sh70,000 each.
The court directed the defense to make a report on the allegations of torture raised before court.
The case will be mentioned on August 8 for pretrial.
Olouch was arrested by police on Thursday evening while he was fueling his car at a petrol station near Nakumatt Junction on Ngong Road.
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