The order was obtained at the High Court in Kisumu/FILE
The order was obtained at the High Court in Kisumu.
Capital FM News learnt that Midiwo is in India on official parliamentary duty and is due back in Kenya on Friday.
Police obtained a warrant for his arrest this week after the Director of Public Prosecutions Keriako Tobiko ordered that he faces charges for making a false allegation that there was a scheme to assassinate the PM.
DPP Keriako Tobiko said he gave the nod to the police to arrest the lawmaker after perusing the investigation file and was satisfied that there was sufficient evidence to arraign the legislator in court.
“I have perused the investigation file with recommendation that the legislator be charged for giving false information and I am satisfied that there was sufficient evidence to charge him,” the DPP said.
“I have directed the Police Commissioner to immediately arrest and charge him in court.”
Midiwo sensationally made the claims at a burial in Bondo over a week ago where he also mentioned Foreign Affairs Minister Prof Sam Ongeri as being part of the scheme.
The probe was initiated following a directive issued to Police Commissioner Mathew Iteere by the Director of Public Prosecutions on Monday last week.
The lawmaker who is a joint government chief whip recorded a statement with the Criminal Investigations Department the following day at their Mazingira headquarters.
He emerged from the interrogation session and said he stood by the statement he made in Bondo.
“Yes, I stand by that statement; however I am not going to discuss those details with you. I have told the police all they needed to know,” he told the media at the time adding, “the life of any citizen including the Prime Minister cannot be taken lightly. This is a serious matter!”
Ongeri wrote to Midiwo demanding an apology for defamation, after linking him to the assassination plot.
Through Nyaberi and Company Advocates, Ongeri wanted Midiwo to apologise within seven days or face legal action.
Midiwo was told that the apology must be presented to Ongeri, published in local newspapers and broadcast in television stations that carried the defamatory remarks.
The Gem MP spoke in the presence of the Prime Minister and Cabinet ministers Anyang’ Nyong’o, Dalmas Otieno and James Orengo during a funeral in Bondo District.
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