The High court on Tuesday barred the Director of Public Prosecution and the police from arresting and prosecuting 12 Nasa leaders who actively participated in the 'swearing-in' of Raila Odinga.
The politicians filed an urgent application at the Milimani law court saying they were afraid of being arrested and held just like lawyer Miguna Miguna.
They are James Orengo, George Aladwa, Simba Arati, George Khaniri, Jimmy Wanjingi, Norman Magaya, and Gladys Wanga.
Others are David Ndii, Babu Owino, and Oduor Ong'wen, Cleophas Malala, and Hassan Joho.
Justice Luka Kimaru released each of them on Sh100,000 anticipatory bail.
The judge also directed them to present themselves before the DCI on Thursday at 11am for further directions.
The 12, through their lawyer Nelson Havi, told the court that they are ready and willing to submit themselves to a just and fair legal system.
They held that they can only do so in an environment "in which their fundamental rights and freedom will be respected and protected".
Further, they say the sole intention of the police is to capture, torture, harm, mistreat, intimidate, and harass them.
"Our apprehension is that the primary motive is to oppress and even fatally harm, injure or kill us," the lot say in their application.
They base their argument on the fact that their colleague Tom Kajwang and lawyer Miguna who have undergone torture at the hands of police.
They say police has already demonstrated malicious intent and a clear disregard for the rule of law by abusing due process and the criminal justice system.
According to them, police have clearly shown a pattern of an orthodox and unlawful means of arresting the two lawyers.
Both, they say, were arrested in Nairobi, driven around for hours while in police custody before being arraigned in different courts away from their jurisdiction of the offence in question.
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