High Court Rules In MP Kaguchia’s Case, Orders Police To Release Him
The case involving Mukurwe-ini Member of Parliament John Kaguchia has taken a new twist after a Kiambu Court ordered his release from police custody provided he pays a cash bail of Ksh100,000.
In orders issued on Monday, August 3, Lady Justice Njoki Mwangi directed that the lawmaker be released immediately upon depositing the cash bail.
“I also grant the prayer sought in paragraph 4 of the application,” Judge Njoki stated in the ruling.
“The applicant shall be released forthwith from police custody upon deposit of police cash bail in the sum of KSh 100,000.”
The ruling followed the hearing of an urgent petition filed by Kaguchia’s allies earlier on Monday, hours after his arrest.
The judge further directed Kaguchia to serve the application on the respondents without delay.
The respondents, who include the Inspector General of Police and the Director of Public Prosecutions, were ordered to file and serve their responses within 14 days of being served.
The court also granted Kaguchia leave to file a further affidavit within 14 days after receiving the respondents’ responses, should the need arise.
“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,” the judge ruled.
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In the wake of his arrest, Kaguchia was taken to the DCI headquarters where he was reportedly held for four hours before eventually being transferred to Kamkunji Police Station.
The MP’s legal team, including lawyer Ndegwa Njiru, have since claimed to have been barred from seeing his client, who they allege is being held ‘incommunicado’.
Despite the latest court orders, several opposition figures allied to Kaguchia have lamented his whereabouts, with Democracy for Citizens (DCP) leader Rigathi Gachagua alleging that police were openly flouting the court order.
“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 courted controversy over the weekend following his remarks during a public rally in Nyeri, where he appeared to suggest that Mount Kenya residents who voted for the Kenya Kwanza government would face repercussions.
The MP spoke moments before his arrest, claiming his remarks had been taken out of context to justify his arrest.
High Court Rules In MP Kaguchia’s Case, Orders Police To Release Him
