- Judge Ogola criticises police for arrests that are full of unnecessary drama
- Says despite allegations each person should be arrested with dignity they deserve
Image: FILE
Kenya Ports Authority MD Daniel Manduku is a happy man after a Mombasa court shielded him from arrest when it granted him an anticipatory bail.
Mombasa judge Erick Ogola granted Manduku Sh500,000 cash bail pending hearing and determination of the main petition.
Ogola said the court cannot grant the entire orders he sought but can issue bail against his arrest.
"The petitioner can be charged when the DPP prefers charges but the MD cannot be arrested," he said.
The judge said Kenya's arrests have been characterised by drama and theatrics from the police.
He said people, especially the prominent persons, have recently been arrested with a lot of unnecessary drama.
He said despite allegations, each person should be arrested with dignity they deserve.
He further barred the DPP, DCI and the IG from giving out any information to the media.
He noted the government agencies have been giving out a lot of information to the public and the public has already prosecuted the MD.
But the judge declined to stop the DCI from investigating Manduku.
He said the petitioner failed to prove that the investigations violated his rights.
He said the investigations were free and fair as the DCI had even called him for an interrogation.
Ogola further declined to conquer with the petitioner that the DCI cannot investigate economic crimes.
He said DCI had powers to investigate any crimes and therefore the investigations against him were not unprocedural or illegal.
He further said the DPP has not preferred any charges, therefore the allegation remains mere rumours.
Earlier, the DPP through senior counsel Alexander Muteti wanted to bar lawyer James Orengo from representing Manduku citing conflict of interest.
However the court directed the state to file a formal application since it was an ambush on Orengo.
Manduku, through his lawyers Orengo, Julie Soweto and Nelson Havi, had previously argued that the DCI investigated crimes which should ideally be investigated by the EACC since the allegations fall under the Economic Crimes Act.
Thorough investigations were done.
The counsel also wanted the court to bar the DCI, DPP and the Inspector General of Police from issuing any statements to the media.
He said the inflammatory statements by the respondents had made the MD to be prosecuted and convicted by the public.
The KPA has suspended all new procurements "with immediate effect" in the wake of an ongoing probe by the EACC and the DCI of an alleged Sh2.7 billion tender scam.