High Court has directed the Inspector General of police and the DPP not to arrest Dagoretti North MP Simba Arati.
Justice Chacha Mwita gave the order after Arati moved to court seeking to be granted anticipatory bail pending his arrest and charge if any on the terms the court shall deem fit for any offense that maybe preferred against him.
In an application filed under a certificate of urgency, Arati is also seeking orders restraining the IG and the DPP from arresting or detaining him, harassing and intimidating him pending the inter parties hearing.
Arati through Senior Counsel James Orengo also wants the court to appoint a day for him to appear before the OCS Muthangari Police Station together with counsel to enable him undertake normal procedures if necessary, without being taken into custody.
The MP argues that he has been accused of being the instigator of the state of unrest, destruction of property, and breach of peace experienced in Kawangware area withing Dagoretti North Constituency.
Arati claims that he has been unwell since August 2017 whereupon he was admitted to hospital, treated and discharged. He says that he has been on medication and in and off the hospital.
He further says that on 26th he deteriorated and the next day was rushed to Nairobi hospital for follow up but was admitted on arrival.
He claims that he learnt of the accusations through social media and major media outlets in the country.
He argues that no impartial investigations have been undertakes and the respondents are only reacting to political pressure and following politically instigated commands.
He claims that if the orders sought are not granted, his right to equal protection of the law, human dignity and fair administrative action will be violated by the respondents.
The case will be heard inter parties on 10th November.
