Nandi Senator Samson Cherargei will remain in custody until Monday 25th when the trial Magistrate will resume.
Cherargei who was arrested yesterday wanted the magistrate to lift the warrant of arrest on grounds that he was unwell and misled not to attend court.
Trial magistrate Wendy Micheni was not sitting and left Senior Principal Magistrate Esther Kimilu to issue directions.
The court heard that one of his lawyers had informed him not to attend court on 19th April 2022.
The senator added that he also fell ill on 17th April and was treated as St Lukes Hospital in Eldoret.
Then he was put on bedrest for seven days.
However, according to the court, the number written on the medical document was not clear. It looked like a 4 or 1 to the court.
The prosecution opposed the application saying the defense looks like they have no interest in pursuing the case.
According to prosecutor Alexander Muteti, the accused failed to attend court on 19th April without any reasons.
“We have witnesses who were brought to court under arrest. They were with me in court on 19th before Honorable Micheni until 11.30 am,” prosecutor Muteti submitted.
He said that time was wasted since there was no appearance by the accused person nor his counsel.
The Magistrate directed that the issue would be properly addressed by the trial court since her duty was just to issue directions.
She directed that Cherargei remains in custody until Monday when the trial court will resume.
He will be detained at Gigiri police station.
Senator Cherargei faces charges of ethnic contempt.
The first time senator was arrested in 2019 over utterances he made at a public function.