Kilifi county deputy governor Gideon Saburi will remain in police custody for a further six days awaiting a bond application ruling set for Wednesday.
Appearing before Mombasa senior resident magistrate Rita Amwai, the deputy governor was charged with willingly exposing himself in public while suffering from an infectious disease without taking proper precautions.
The prosecution also had an application made on Monday seeking to have the deputy governor detained at the Manyani GK prisons for 14 days pending investigations.
The magistrate dismissed the application saying the facility does not meet the isolation health standards.
She said by agreeing with the applicant’s submissions, the court will be going against the constitutional right of the respondent.
“The court cannot order confinement of the accused as it would be in contravention of the law,” ruled the magistrate.
The defense led by lawyer George Kithi raised concern over alleged state interference, an apprehension that was settled by Amwai who said the judiciary is an independent arm of government.
The deputy governor denied the charge of willingly exposing himself in public while suffering from an infectious disease without taking proper precautions contrary to section 28(a) of the public health Act.
Amwai sought more time to have the prosecution and the defense furnish the courts with more information.
She is set to make a determination on bond application on Wednesday next week.
Saburi had been at the Bandari Police Station for three days.