Sudi released on Sh500,000 cash bail in hate speech case

Kapseret MP Oscar Sudi has been granted a cash bail of Sh500,000 with an alternative bond of Sh1 million.

Justice Joel Ngugi dismissed all the grounds used by the prosecution in seeking further detention of the MP.

Terming the criminal miscellaneous application by the prosecution before the lower court as radical, the judge said there was no reason to hold the accused for 11 days pre-charge.

"His liberty is paramount so no justification to continue holding him. The State must convince the court that it is acting in good faith in holding the suspect," Ngugi said.

Sudi had been detained by the Chief Magistrate's court on grounds that his release would disturb public order, peace and security.

On that ground, Justice Ngugi said the state failed to provide compelling evidence that his continued detention would dissipate tension.

Just like the lower court, he dismissed all the grounds presented by the State.

Ngugi said the critical element of hate speech is proved by words and the MP would not tamper with it.

"Assault of police is proved by the police and not members of the public," he said.

About investigating the ownership of a firearm and a vehicle found in Sudi's compound, the judge said this required forensic analysis which would not be tampered with.

He added that the prosecution failed to show how witnesses would be interfered with.

The judge noted that none of the witnesses had been named.

Justice Ngugi, however, ordered the MP to desist from issuing inciting statements or addressing the public.

He also ordered the police not to arrest Sudi but allow to present himself to the police when the matter will come up on September 23.

The Judge asked Sudi to present himself to the police for investigations whenever he required to.

 Sudi is being investigated for being in Illegal possession of a firearm, assaulting a police officer, resisting arrest, hate speech and offensive conduct.

Sudi on Thursday went to the High Court contesting the decision to hold him at the Nakuru Central Police Station for a further seven days reviewed.

Earlier on Friday, the MP promised the High Court in Nakuru that he will not utter any inciting words before investigations into his case are over.

He spoke when he appeared before Justice Joel Ngugi for the inter parte hearing of his review application.

He had asked Justice Ngugi to release him on reasonable bail terms.

Friday's defense team led by Lawyer Nelson Havi said there were no grounds to further hold their client.

He urged the court to release him on a free bond.

The prosecution on the other hand maintained that Sudi has a great influence 'on the ground' and would interfere with investigations.

It urged the High Court to impose tough conditions in the event he is released on bond specifically barring him from issuing an inciting statement.

The lower court had earlier this week ordered for Sudi's detention until next week Wednesday on grounds that his custody would ensure public order, peace and security.

However, in his application before the High Court, Sudi said his detention was unconstitutional and a denial of his fundamental rights to liberty and fair hearing.

Sudi said by the lower court finding that his utterances amounted to hate speech that triggered demonstrations, it assumed him guilty even before he was charged.