Kapseret MP Oscar Sudi has appealed his incarceration before the High Court in Nakuru.
Through a matter that has since been certified urgent, the MP asked the High Court to release him on reasonable bail terms.
Justice Joel Ngugi ordered Sudi’s lawyers to immediately serve the Directorate of Public Prosecutions with the application documents and return to court on Friday at 10.00 am.
“Considering that the subject matter is the personal liberty of a citizen, the applicant is hereby directed to serve the DPP immediately for interpartes hearing tomorrow morning,” read the order.
He also called for the Chief Magistrate’s Criminal Miscellaneous application against the outspoken MP who has been in police custody since Sunday, September 13 when he presented himself at Langas Police Station in Eldoret.
He was immediately flown to Nakuru Central Police Station where he has been held since after the prosecution asked for more time to complete investigations.
On Wednesday, the court ruled that 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.
