Ruaraka MP TJ Kajwang’ spent the better part of yesterday in different cells as his lawyers literally engaged police in a cat-and-mouse chase ahead of his imminent arraignment.
The vocal lawyer, who was arrested on Wednesday evening in an ongoing police crackdown on individuals linked to NASA’s Raila Odinga oath, was mysteriously sneaked out of the Milimani basement cells, as his lawyers put up a spirited fight to have him produced in court.
The lawyers, including Otiende Amollo, Peter Kaluma and Nelson Havi, were briefly allowed to see him before they were directed to appear before senior principal magistrate Martha Mutoko. After waiting for about half an hour, the prosecution told the court they were unaware of the case and did not have his file.
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“I don’t know what case they are talking about. I’ve just heard here in court that the suspect is expected to be charged. I know nothing about it,” state counsel Solomom Naulikha said.
The lawyers went on to plead with the magistrate to compel the prosecutors to arraign Kajwang’ and charge him or release him forthwith, unaware that a few meters away, he was being removed from the cells at the same time by DCI officers.
He was taken to the Kilimani police station, where he was held briefly, then driven to the Pangani police station and later presented before Ngong resident magistrate
Lourine Ogombo.
The offence against him being that he, jointly with others not before the court, was present and consented to administer an oath to Raila. The prosecution said the action by the lawyer amounted to binding the NASA leader to commit a capital offence of treason. He faced a second count of taking part in an unlawful assembly in Uhuru Park, Nairobi, on Tuesday.
He was accused of organising a public meeting in the park without notifying the Nairobi Central police station boss. Kajwang’ did not, however, take a plea, as his lawyers raised objections, saying the purpoted offence happened within Nairobi, hence he should be charged in the city.
The magistrate deferred the plea to today and ordered that the legislator be released on Sh50,000 bail.
Earlier, his brother Moses Kajwang’ sued police for holding the MP incommunicado. Through lawyers Mutula Kilonzo Jr and Dan Maanzo, he said his family was fearing for the brother’s life in the hands of DCI officers, as they had kept him without food and for no just reason.
Justice Luka Kimaru certified the case as urgent and ordered police to allow him access to his lawyers.