Korogocho MCA Absalom Odhiambo has been released on a Ksh100,000 cash bail after he was arrested for allegedly uttering inciting words during an Azimio la Umoja rally held at the Kamukunji grounds on Monday, January 23.
Mr. Odhiambo appeared before Nairobi Chief Magistrate Lukas Onyina on Monday, February 6 and pleaded not guilty to two counts.
The legislator was arraigned last week. However, he did not enter a plea as he challenged the charges and was released unconditionally.
Moreover, the three-judge bench ordered the Korogocho MCA to be discharged.
According to the judges, the applicants had no legal grounds to arrest and detain Absalom Odhiambo as per section 96 (A) of the Penal Code.
“The applicant is essentially seeking orders from the court to detain the respondent to investigate the offence and so the court cannot provide aid to such an effort because the basis under which the application has been made is fundamentally flawed and the application has no legal legs to stand on and so there’s nothing for this court to determine at this stage,” the judge stated.
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“The only option available is to dismiss the application for being ineffective for it is not based on legal provision. The respondent is consequently discharged…he should be set free.” Added the judge.
Nonetheless, the Korogocho MCA was apprehended by Directorate of Criminal Investigations (DCI) officers three days after the National Cohesion and Integration Commission (NCIC) summoned him.
The DCI indicted Mr. Odhiambo of ‘inciteful to violence’ comments made during an Azimio la Umoja One Kenya Coalition rally at the Kamukunji Grounds.
“The applicant’s advanced investigations have revealed that the respondent is a habitual character who wants to cause havoc on the Nation through his followers both from public address and social media,” the court was told on Tuesday.
Furthermore, the defendant’s lawyer Danstan Omari welcomed the ruling saying the government was plotting to victimize politicians allied with the opposition.