NOT YET UHURU

Sudi to spend seven more days in cells

Prosecution say statements by the Kapseret MP likely to disturb public order, peace and security.

In Summary

• Nakuru chief magistrate Josephat Kalo said public interest in order overrides Sudi's right to be released on bond at this stage. Residents demonstrated against Sudi who is charged with hate speech.

• In an affidavit, investigating officer James Akello laid out five grounds for Sudi’s continued detention.

Kapseret MP Oscar Sudi before Nakuru chief magistrate's virtual court from the Nakuru Central police station on Wednesday, September 16.
7 MORE DAYS: Kapseret MP Oscar Sudi before Nakuru chief magistrate's virtual court from the Nakuru Central police station on Wednesday, September 16.
Image: LOISE MACHARIA

Demonstrations following Kapseret’s MP Oscar Sudi’s controversial statements caused a Nakuru court on Wednesday to order his detention for seven more days.

Sudi has been charged with hate speech, offensive conduct, assaulting a police officer, resisting arrest and firearms offences.

Anti-Sudi demonstrations were staged on Wednesday.

Nakuru chief magistrate Josephat Kalo said the public interest in order overrides Sudi's right to be released on bond at this stage.

The prosecution had filed a miscellaneous application seeking to detain the MP for 14 more days. They said his statements were likely to disturb public order, peace and security.

“It was submitted 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,” Kalo ruled.

The magistrate said the prosecution had given sufficient reasons to hold Sudi for seven days at the Nakuru Central police station after which he will either be presented before a court or released.

The magistrate gave the prosecution seven days to conclude investigations. 

Sudi surrendered himself at Langas police station in Eldoret on Sunday. 

(Edited by o.o.)

Lawmakers including Kipchumba Murkomen [2nd L] Susan Kihika [3rd R] and Gladys Boss Shole [R in blue jacket] at Nakuru Central Police Station in solidarity with Kapseret MP Oscar Sudi on Wednesday.
IN SUPPORT: Lawmakers including Kipchumba Murkomen [2nd L] Susan Kihika [3rd R] and Gladys Boss Shole [R in blue jacket] at Nakuru Central Police Station in solidarity with Kapseret MP Oscar Sudi on Wednesday.
Image: LOISE MACHARIA

He was charged on Monday with hate speech, assaulting a police officer, offensive conduct, unlawful possession of a firearm and 11 rounds of ammunition and resisting arrest.

In an affidavit, investigating officer James Akello laid out five grounds for Sudi’s continued incarceration. Four were dismissed. 

Kalo concurred with the defence that Sudi could not interfere with the forensic evidence because analysis is a controlled process.

“In any event, the material to be forensically analysed, the video, the firearm and the motor vehicle have already been recovered and are in police custody,” Kalo said.

He also agreed with the prosecution that the suspect had been in police custody for 36 hours by the time the application was being made on Monday.

Failure by the prosecution to record his statement should not be used again him, he said. 

Kalo said that it was known that Sudi presented himself at the Langas police station on September 13 and has been in custody since then.

“Recording of the suspect’s statement does not require his continued detention, he may be summoned to appear before the investigating officer to record it,” he said.

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

(Edited by V. Graham)