- Through their lawyers led by Peter Kaluma, Dan Maanzo, Danstan Omari, and Sam Nyaberi among others they asked the court to release the suspects on lenient bond terms of Sh50,000.
- The four suspects are Members of Parliament and the Senate and two are MCAs.
Six Azimio leaders who were arrested on Monday for allegedly participating in unlawful demonstration have been charged before a Kahawa Law Court.
Image: DOUGLAS OKIDDY
Six Azimio leaders who were arrested on Monday for allegedly participating in unlawful demonstration have been charged before a Kahawa Law Court.
The accused, Ugunja MP James Opiyo Wandayi, Kilifi Senator Stewart Madzayo, Richard Chonga (Kilifi South MP), Amina Laura Mnyazi (Malindi), George Yogo Obure and Esther Oromi are accused that jointly with others not before the court, took part in an unlawful assembly.
They are alleged to have committed the offence on March 20 at around 10 am along City Hall way, Nairobi.
They face a second count of maliciously damaging property.
The charge sheet states that on the same dates and place, jointly with others not in court, willfully and unlawfully destroyed a motor vehicle Volkswagen Passat valued at Sh1.1 million belonging to Joyce Nyambura.
The six appeared before Principal Magistrate Gideon Oenga and denied the charges.
Through their lawyers led by Peter Kaluma, Dan Maanzo, Danstan Omari, and Sam Nyaberi among others they asked the court to release the suspects on lenient bond terms of Sh50,000.
The four suspects are Members of Parliament and the Senate and two are MCAs.
Lawyer Kaluma argued that Wandayi is a Minority leader in the Parliament and is the 5th person in the structure of government.
He said Wandayi conducts the Parliament business and he has to be in Parliament today (Thursday).
He should not miss the sitting as it is very crucial for his position.
"We pray that the prosecution should not be opposed and the process to have them released should be hastened", Kaluma told the court.
The court was told the six had been released on Sh50,000 bond terms.
Omari said the leaders are poor and all they have is for the citizens.
He said police had released them on bail because they knew they are not a flight risk. They are leaders.
"We are seeking their release on a personal bond. Court to consider what is on the ground. There is political heat and let's not escalate it. Release them on 50,000 bail," Omari told the court.
He said they will not interfere with witnesses. The offence is a misdemeanour.
Omari argued that the court should not curtail their movements as they have freedom of movement. They should travel to any destination.
They also sought witness statements and a valuation report of the windscreen which costs Sh1 million.
They also sought an earlier hearing date of next week.
The Prosecution, however, did not object to their release on bond. He told the court that the suspects are accused persons having taken plea.
The earlier cash bail given by police has now ceased. He urged the Court to consider and have in place bail and bond guidelines.
He told the magistrate to look at the nature of the offence and the proportionality of the offence with the sentence that comes out of the charges.
We are equal before the court and the court should not look at the status of the individuals who have been charged, the prosecution said.
He said the accused are Kenyan citizens who should abide by the law.
"The court should be partial and not intimidated by any political situations that could happen in granting bond terms", the prosecution told the court.
He also applied to have the passports of all the accused deposited in court.
In a brief ruling by Magistrate Ombewa, he noted the submissions by both parties and it's not in dispute that the accused persons are leaders in various wards.
He said the prosecution did not object to their bond.
He declined the application by the prosecution to have them deposit their passports in court.
The court released the accused on a cash bail of Sh50,000 or a bond of Sh300,000 each.