Kapseret MP Oscar Sudi is free at last after the High Court ordered that he be released on Ksh500,000 cash bail.
Justice Joel Ngugi overturned an earlier ruling by a magistrates court detaining him for seven more days to allow police complete investigations.
While releasing the MP on Friday, Justice Joel Ngugi ruled that it was unconstitutional for a person to be held without a charge for more than 24 hours.
The legislator has been barred from addressing a public rally until the hate speech probe against him is complete.
The Defense is done here in Nakuru on the matter of Kapseret MP Oscar Sudi. ^DoS pic.twitter.com/5FfTXqPl2g
— Nelson Havi (@NelsonHavi) September 18, 2020
Sudi had Thursday evening filed a judicial review application at the High Court in Nakuru seeking to overturn the decision by Chief Magistrate Josephat Kalo to detain him for seven days pending investigations into five charges that he is facing.
In the case filed through a certificate of urgency, Sudi through his legal team led by law Society of Kenya President Nelson Havi appealed to the High Court to set aside the Tuesday ruling by Chief Magistrate Josephat Kalo and order his release on bond or bail.
The defence argued that Sudi is a law-abiding citizen and was willing to cooperate with the authorities.
The magistrate ordered the detention of the MP for a week at the Nakuru Central Police Station on grounds that his release would disturb public peace and security.
The lawyers termed the magistrate’s claims as unconstitutional arguing that the court had already made a decision that their client is guilty of a charge that was yet to be preferred.
The MPs detention was also meant to allow police to conclude investigations into alleged hate speech, offensive conduct and unlawful possession of a firearm, among others.