A Nairobi court has ordered the release of Korogocho Member of County Assembly (MCA) Absalom Odhiambo from police custody.
Odhiambo was arrested for allegedly uttering inciting words during an Azimio la Umoja rally held at the Kamukunji grounds on Monday, January 23.
When the MCA was presented in court on Tuesday, January 31, the Director of Criminal Investigation (DCI) asked to be granted seven days to detain the MCA, so as to complete investigations into the matter.
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However, on Wednesday, February 1, Magistrate Gilbert Shikwe of Milimani Law Courts ruled against the proposal made by DCI, blasting the police and prosecution for being insensitive to the changes in the law while seeking orders to detain the MCA.
In his ruling, Magistrate Shikwe noted that the Inspector general of police and the Directorate of Criminal Investigations should have known that the law in which they relied on while seeking detention orders of Odhiambo were expunged from the statutes and do not exist.
The magistrate also put the Attorney General Justin Muturi on the spot for sleeping on his work for failing to present amendments to the law to Parliament as directed by three Judge of the superior court.
The AG had been given one year to make the amendment in the law which he failed to do to date.
“The application by the DPP and DCI had no legs to stand on since it is based on none-existent laws. I hereby dismiss the application and order the unconditional release of the MCA,” Magistrate Shikwe ruled.
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