Laikipia North MP Mathew Lempurkel has been presented in a Nairobi court after spending the weekend in the cells for allegedly making incitement to violence remarks during an ODM rally in Maralal.
The MP was presented at Kibera law courts but did not plead to the charges.
Reason to defer plea
The legislator did not plead to the incitement charge after state prosecutor said she wanted to consult the Director of Public Prosecutions (DPP) for directions.
“I have looked at the charge sheet and I feel that I need time to get directions from my boss,” said prosecutor Mary Wangele.
She requested the court to detain Lempurkel at Gigiri Police Station, a prayer objected his lawyer.
Lempurkel’s lawyer Professor Ben Sihanya told the court that his client is a Member of Parliament whose rights are being violated.
Detention without trial
Sihanya told the court that his client was held incommunicado for the last three days, being moved from one police station to another at night.
“The MP was arrested at Nanyuki Police Station where he had gone to report alleged threats to his life,” Sihanya told the court.
The lawyer said that there was no reason to qualify his incarceration adding that his client should have been released on bond.
“His continued detention is a violation of his rights as a citizen,” Sihanya added.
Prosecution response
The court heard that the MP has another case before a Nanyuki court that he is assisting police to investigate.
The prosecutor told the court that she was not seeking to carry out further investigations rather directions from the DPP.
She added that claims that Lempurkel was held incommunicado were not true because he was allowed to talk to a lawyer, one Mr Mayaka.
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Chief Magistrate Joyce Gandani declined to grant the detention request on grounds that the prosecution had enough time to consult the DPP.
She therefore released the accused on a bond of Sh 300,000 and one surety of the same amount or a cash bail of Sh 100,000.
The case will be mentioned on July 28th.
