North Horr MP Chachu Ganya and his Saku counterpart Ali Rasso got a reprieve after court on Tuesday declined a DCI application to detain them for 21 days.
MPs were arrested over the
Borana and Gabra
inter-clan clashes which left 14 dead and dozens displaced from their homes in
The lawmakers were
accused of incitement to violence and funding the raids.
DCI detective Edward Mulongo sought to hold the the two at Kileleshwa police station for investigations into "promoting warlike activities."
In an affidavit filed by State Counsel Kennedy Panyako, Mulongo said Rasso is the parliamentary representative for the Horoder, Kubi Qalo, and Jaldesa where the fights were experienced.
Mulongo argued that on September 4, Rasso distributed food, water and firearms to individuals residing within Horoder, which facilitated the conflicts between the two communities.
He said that between September 5 and October 17, armed bandits raided the said areas and innocent citizens were killed, properties destroyed and a number of people displaced.
Mulongo stated that he has information that Rasso in some instances, used his resources and influence and funded raids by providing support.
The detective added that Ganya responded by use of his resources and influence funding the raids by providing logistical support.
"I have not recorded statements of the key witnesses who are still mourning
and a number of victims nursing injuries sustained during the attacks," he said in the affidavit.
"If released on bail, before the investigations are completed, there is a likelihood he will interfere with the witnesses and relevant evidence due to his status."
Mulongo said he intends to obtain evidence from the Cybercrime Police Unit, ballistics experts, conduct postmortem examinations on those killed in the skirmishes.
The detective sought time to obtain forensic investigations reports and also record statements of witnesses who reside in far flung areas of Marsabit.
But the legislators' lawyers Okong'o Omogeni and Rodgers Sagana opposed the application.
They said it lacked compelling reasons that should persuade the court to deny the accused persons their freedom.
Omogeni said: "It is ridiculous for Mulongo to claim that the MPs could interfere with obtaining Forensic, Cybercrime, postmortem and ballistic reports."
He said the suspects had initiated conciliatory talks and therefore, should be allowed to pursue the same to conclusion.
Senior principal magistrate Kennedy Cheruiyot released the two on Sh1 million bond with an alternative Sh250,000 bail.
The MPs were directed to make themselves available to the investigating officers at the DCI headquarters as and when required.