The high court has this afternoon declined to issue anticipatory bail to West Pokot MP David Pkosing.
Justice Diana Mochache has said she cannot issue orders without the input of the investigating officer who is said to be in West Pokot.
Justice Mochache had directed the matter to be heard today but the DPP asked for more time saying they could not respond without the input of the investigating officer who was away.
Lawyer Danstan Omari, representing Pkosing, on his part asked for anticipatory bail saying if not granted, the MP may be arrested at any time even tonight by police.
However, the judge said she was aware that most of the law enforcement officers are holed in West Pokot trying to fight banditry.
“The application before me is brought under various articles of the constitution this would require me to come up with an elaborate and well-reasoned ruling before denying or granting any orders,” the judge ruled.
The court said it had declined the invitation by Pkosing to grant any orders at this juncture without the input of the investigating officer.
“The DPP and the DCI officers are all officers of the court hence should act with at most good faith so I will grant the state some time to enable them obtain instruction from the investigation officer and file their response by close of business on Monday,” the court ruled.
Pkosing moved to court seeking to stop his arrest arguing that he was being harassed by the police in relation to the banditry happening in his area.
He said that the reason he was being investigated for allegedly funding banditry a claim he has disputed.
Pkosing who is due to appear before the DCI tomorrow for questioning and he is apprehensive that he will be arrested and put in custody until Monday.
The case will be heard on Tuesday next week.
