High court has ordered that Miguna Miguna be released on a cash bail of sh 50,000.
Justice James Wakiaga issued the orders saying that it was already 3pm and there was no possibility of Miguna being produced before court today.
The judge directed Miguna to appear in court in person on Monday 5th February next week.
Through lawyer Nelson Havi, John Khaminwa and Peter Kaluma, Miguna told justice wakiaga that his home in Runda was bombed by state agents and its occupants subjected to torture abs physical abuse.
Under a certificate of urgency, Khaminwa said that Miguna’s property was being vandalised.
Khaminwa told the court his client fears for his life and is apprehensive that he will be tortured and abused in the hands of the police following a similar experience by Ruaraka MP TJ Kajwang’.
Kaluma told the court that Kajwang’ was detained for about 20 hours without food, water or access to his family.
The lawyers argued the paramount intention of the respondent is not to vindicate or uphold the law but to unlawfully administer extra judicial justice against the applicant.
In the application, Miguna is also seeking orders directing the DCI or OCPD under whose command he is being held be compelled to produce him in a court of law.
He also wants an order directing the Kenya police to inform him the reason for his arrest in the presence of his advocates and promptly arraign him before a court of law within Nairobi county.
Miguna also wants summons issued to the DCI and the Inspector General of police to show cause in the event that he is not released in bond before the end of today, why he should not be cited for contravening his fundamental rights.
He also says the powers of arrest by police are being abused and misused to harass and intimidate him.
The judge said that since it was already 3pm and there was no possibility of him being brought to court before the end of the day he be realised on cash bail.
He also certified the matter as urgent.
Director of Public Prosecution, DCI, and IG have been named as respondents
