MP Oluoch, MCAs charged with inciting public to demonstrate

They denied that they mobilised and incited the public to commit subversive activities by demonstrating.

In Summary
  • They allegedly committed the offence on July 12 in Nairobi.
  • Olouch and Imwatok were released on Sh100,000 cash bail while Olando was released on Sh70,000 cash bail.
Mathare MP Anthony Oluoch before chief magistrate Lucas Onyina at Milimani Law Courts July 24 2023.
Mathare MP Anthony Oluoch before chief magistrate Lucas Onyina at Milimani Law Courts July 24 2023.
Image: DOUGLAS OKIDDY

Mathare MP Anthony Oluoch and two Nairobi MCAs have been charged with conspiracy to commit subversive activities against the law by inciting members of the public to demonstrate. 

Olouch, Makongeni MCA Peter Imwatok and Kitusuru MCA Alvin Orlando appeared before Milimani chief magistrate Lucas Onyina.

They denied that with others not before the court, they mobilised and incited the public to commit subversive activities by demonstrating.

They allegedly committed the offence on July 12 in Nairobi.

Lawyers led by LSK President Eric Theuri and Peter Kaluma among others urged the court to release the accused persons on bail stating that they are state officers. 

Theuri said the accused have a fixed abode and are not a flight risk.

"Your honour release the suspects on free bond citing that they cannot abscond court proceedings," Theuri told the court.

"I plead with you to release the accused on free bond as this is a trial you wouldn't be happy to listen to."

He questioned how many people will be charged with similar offences of demonstrating. 

Makongeni MCA Peter Imatok before chief magistrate Lucas Onyina at Milimani Law Courts on July 24 2023.
Makongeni MCA Peter Imatok before chief magistrate Lucas Onyina at Milimani Law Courts on July 24 2023.
Image: DOUGLAS OKIDDY

The defence further asked to be supplied with witness statements as they intend to move to the High Court to challenge the proceedings on violations of their rights. 

Kaluma submitted that Olouch was arrested on July 20 at 4 pm and was not presented in court within 24 hours. His rights were violated by not granting him bond or bail pending his arraignment in court.

"The courts are the temple of justice as at long last, the accused had to appear before you," Kaluma said.

"Oluoch is sick as he suffers from Hypertension and it will be good if the court releases the accused person on a free bond to prove to the state that the courts are independent," Kaluma argued.

The court also heard that Olouch was tortured while in police cells.

The court was told that despite Imwatok being granted anticipatory bail of Sh100,000, the police arrested and detained him.

Theuri urged the court to give orders that the police should stop the illegal arrests or rearrests of people who already have been granted anticipatory bail. But if police need them let them appear before a police station with their lawyers so that we can have dignity in our country.

It is so shameful of the continued arrests, he said.

The prosecution did not oppose bail but urged the court not to release the suspects on free bond.

Onyina considered the submissions by the defence.

Olouch and Imwatok were released on Sh100,000 cash bail while Olando was released on Sh70,000 cash bail.

The court directed the defence to make a report on the allegations of torture raised before the court.

The case will be mentioned on August 8 for pretrial. 

Olouch was arrested by police last Thursday while he was fuelling his car at a petrol station near Nakumatt Junction on Ngong Road.

The three are accused of dishing out money to young people to lure them to the demonstrations.

Kitusuru MCA Alvin Olando Palapala before chief magistrate Lucas Onyina at Milimani Law Courts on July 24 2023.
Kitusuru MCA Alvin Olando Palapala before chief magistrate Lucas Onyina at Milimani Law Courts on July 24 2023.
Image: DOUGLAS OKIDDY
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