The case involving Mukurwe-ini Member of Parliament (MP) John Kaguchia has taken a fresh turn after the Kiambu High Court ordered his release from police custody upon payment of a Ksh100,000 cash bail.
In a ruling delivered on Monday, August 3, Lady Justice Njoki Mwangi directed that the legislator be freed immediately once the cash bail is deposited.
"I also grant the prayer sought in paragraph 4 of the application. The applicant shall be released forthwith from police custody upon deposit of police cash bail in the sum of KSh 100,000," the orders by the judge stated.
The orders came after the court heard an urgent application filed by Kaguchia's associates earlier on Monday, just hours after the MP was arrested.
Justice Mwangi also instructed Kaguchia to serve the application on the respondents without delay. The respondents, among them the Inspector General of Police and the Director of Public Prosecutions, were directed to file and serve their responses within 14 days of being served.
Additionally, the court granted the MP permission to file a supplementary affidavit within 14 days of receiving the respondents' responses, if necessary.
"The applicant will forthwith effect service of the application to the respondents. The respondents will within 14 days of service file and serve their responses."
Following his arrest, Kaguchia was initially taken to the Directorate of Criminal Investigations (DCI) headquarters, where he was reportedly detained for about four hours before being transferred to Kamukunji Police Station.
His legal team, led by lawyer Ndegwa Njiru, has alleged that they were denied access to the legislator, claiming he was being held "incommunicado."
Despite the court's directive, opposition leaders allied to Kaguchia questioned why he had not been released, with Democracy for Citizens (DCP) leader Rigathi Gachagua accusing the police of defying the orders.
"The OCS of Kamukunji Police Station is being misled by his seniors into ignoring the court order, which has already been served upon him, and continuing to detain Hon. John Kaguchia," Gachagua said in a statement.
Kaguchia has been at the centre of controversy since the weekend over remarks he made during a public rally in Nyeri, where he appeared to suggest that residents of the Mount Kenya region who supported the Kenya Kwanza administration would face consequences.
Moments before his arrest, the MP maintained that his comments had been taken out of context and were being used as grounds for his detention.
