HATE SPEECH PROBE

MP Sudi to remain behind bars for seven more days

Prosecution had sought more time to complete investigations into Sudi's alleged crimes.

In Summary

• Sudi had already spent two days behind bars at the Nakuru Central police station pending a bail application ruling.

• Nakuru Chief Magistrate, Josephat Kalo said public interest overrides the respondent’s right to be released on bond at this stage.

Kapseret MP Oscar Sudi when he heard a ruling on a miscellaneous application by the prosecution on September 16, 2020 that sought to detain him for 14 days.
Kapseret MP Oscar Sudi when he heard a ruling on a miscellaneous application by the prosecution on September 16, 2020 that sought to detain him for 14 days.
Image: LOISE MACHARIA

Kapseret MP Oscar Sudi will remain in police custody for another seven days.

Sudi had already spent two days behind bars at the Nakuru Central police station pending a bail application ruling.

Delivering his ruling on a miscellaneous application by the prosecution that sought to detain the MP for 14 days, Nakuru Chief Magistrate, Josephat Kalo said public interest overrides the respondent’s right to be released on bond at this stage.

In the application, the prosecution said utterances by the respondent were likely to disturb public order, peace and security.

“It was submitted that the respondent made certain utterances that the prosecution says amount to hate speech and which triggered demonstrations against Sudi and his release from custody at this moment disturb public order, peace and security,” he said.

The magistrate said the prosecution had made out a case for the continued detention of the respondent for seven days at the Nakuru Central Police Station after which he will either be presented before the court or released.

“As for the period of the continued detention, the court has considered the circumstances of the case and is of the view that seven days will be sufficient to the prosecution to conclude investigations,” said the magistrate.

The matter will come up for further direction on September 23.

 
 

The prosecution, led by Daniel Karuri, had sought more time to complete investigations into the crimes allegedly committed by the legislator.

The state, in an affidavit sworn by investigating officer James Akello, said a statement was yet to be recorded from the MP, who on Sunday turned himself in at the Langas police station and subsequently flown to Nakuru.

He had evaded arrest for 48 hours. 

Karuri objected to his release on bond, saying he was being investigated for hate speech, assault of a police officer, offensive conduct, unlawful possession of firearm and bullets and resisting arrest.

He said the respondent is a flight risk having failed to surrender himself soon after he learnt he was being sought by the police.

Karuri cited countrywide demonstrations against the utterances by Sudi and the standoff between the police and residents when officers attempted to arrest him at his Kapseret home as grounds to detain him.

He said public interest outweighed the respondent's right to bail and bond and that holding him was necessary for public order, peace and security.

 

Fifteen defence lawyers, led by Uasin Gishu Woman Rep Gladys Shollei and Elgeyo Marakwet Senator Kipchumba Murkomen, opposed the application saying their client could not be a flight risk because he is a legislator and a state officer with known abode.