Two Nairobi MCAs and four others who were accused of planning to participate in Wednesday's anti-government demonstrations over the high cost of living have been released on a cash bail of Sh200,000 each.
The MCAs Redson Onyango and Wilfred Olouch were arraigned together with Eric Otieno, Anthony Otysula, Evans Omondi and Stephen Ochieng.
On Friday, senior principal magistrate Ben Mark Ekhubi ruled that the prosecution had not given enough reasons to deny the suspect's bond.
The court noted that it was evident from the submissions by the defence that the respondents were arrested from different eateries across Nairobi City.
He added that it was undisputed that they were arrested before the actual day of the demonstrations.
"The right to freedom of liberty is so sacrosanct that all the other rights cannot stand without this right. Without the freedom to liberty one cannot enjoy the right to privacy," he said.
"I find that the prosecution did not allude to any sufficient grounds for the denial of bail and or bond to the respondents. Having found that therefore, this court will release the respondents on a bond of Sh300,000 with an alternative cash bail of Sh 200,000."
The magistrate also directed the six suspects to report to the DCI whenever required.
On Thursday, Inspector John Kariuki, sought Custodial Order to detain the six for 14 days.
The investigating officer told the court that he is investigating cases of conspiracy to commit an offence, Preparation to commit an offence to wit unlawful demonstrations and riots, being in possession of a firearm without a valid firearm certificate and organizing public meetings and procession among other related offences.
"The Respondents herein participated in meetings to plan and organize for unauthorized demonstrations planned to take place within Nairobi City County and other Counties within the country on the 19, 20 and 21 days of July 2023," the officer said in his affidavit.
He said the six jointly with others not before the Court took part in the commission of the offences.
He said Onyango, Oluoch, Otieno and Otsyula were arrested on July 19, 2023, at Kuche Kuche Hotel in Nyayo Stadium within Nairobi City County.
They were escorted and booked at Muthaiga Police Station while Omondi and Ochieng were arrested at Mama Oliech Restaurant within the Hurlingam area while holding meetings of similar nature to arrange and plan for the unauthorized demonstrations.
Kariuki argued that upon receipt of intelligence information on the suspects' involvement in the commission of the aforementioned offences as demonstrated, the officers arrested the suspects.
The defence through their lawyers Sam Nyaberi and Danstan Omari told the court that the suspects should be released on personal bond since two are MCAs and others are County officers who cannot abscond court.
They argued that police are violating the law by arresting people without evidence using the court to grant them more time to investigate cases.
"Your honour the police have already violated the 24-hour rule of producing the suspects in court since it is 28 hours now since they were arrested, please release them," Nyaberi told the court.
