A Nairobi Court has freed Embakasi East Member of Parliament Babu Owino on a cash bail of Ksh.100,000.
Chief Magistrate Lucas Onyina ruled that the state had no evidence to deny the accused bail.
Babu was arraigned in Milimani Law Court Thursday, July 20 and charged with subversion.
The lawmaker was charged alongside six others including Calvin Okoth alias Gaucho after his arrest on Tuesday evening.
At the same time, the state challenged a bid by lawyers representing the accused persons to have them released on bail citing national security concerns.
However, the lawyers representing accused persons contested the State’s objection decrying the arbitrary detention of accused persons outside the 24-hour period provided for in law.
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They cited Article 49 of the Constitution (2010) which requires the State to produce arrested persons in court “as soon as reasonably possible, but not later than– (i) twenty-four hours after being arrested”.
Babu Owino’s Arrest
The Embakasi legislator was arrested at Jomo Kenyatta International Airport (JKIA) on Tuesday, July 18 evening after he had just landed from Mombasa.
Babu said he was apprehended by detectives from the Directorate of Criminal Investigations (DCI).
Moreover, the MP was held incommunicado for more than 24 hours before his arraignment.
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Babu spent Wednesday, July 19 night at Wang’uru Police Station in Mwea Kirinyaga County before being moved to Nairobi Police area on Thursday.
Before his arraignment, Babu Owino’s lawyer Ndegwa Njiru said they had been denied access to the MP at the Nairobi Police area.
“I can confirm that my client Babu Owino is being held at the police area in Nairobi. The police refused to allow us access to the police station. They have blocked us even as lawyers,” he stated.