A Kajiado court has released Ruaraka MP TJ Kajwang’ on a bond of Sh 50,000.
The MP did not however plead to charges preferred against him when he appeared before a Ngong court.
Kajwang’ was expected to be charged today with two counts of capital offences which attract a death sentence.
The court deferred his plea taking to Tuesday next week.
The legislator was arrested by plain clothes police officers outside the Milimani Law Courts in Nairobi after appearing before judge George Odunga.
Kajwang’ had appeared before Odunga for a ruling in a case where he is representing the MPs who are challenging the reduction of their salaries and allowances.
It is alleged that the MP was to be charged with attending an illegal gathering and participating in taking of illegal oaths.
Section 59 of the constitution reads that…..”any person who is present at, and consents to the administering of any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or takes any such oath or engagement, not being compelled to do so, is guilty of a felony and is liable to imprisonment for life….”
Kajwang was first presented before Milimani law courts Senior Principal Magistrate Martha Mutuku.
His twelve lawyers among them Otiende Omolo, Dan Maanzo and Nelson Havi told the court that the police were taking the matter in circles as they presented Kajwang’ in court without preparing a charge sheet.
The court heard that the police file was nowhere to be found and it was at this moment that Kajwang’ was taken from the cells at Milimani law courts to Ngong.
His lawyers had filed a production order at the High court earlier for the MP to be brought to court.
Police had to severally lob teargas at NASA supporters who were approaching Milimani courts demanding Kajwang’s release.
This comes a day after the ‘swearing in’ of NASA leader Raila Odunga at Uhuru Park on Tuesday which Kajwang’, Miguna Miguna and other NASA politicians attended.