NAIROBI, Kenya, Jul 21 — Embakasi East MP Babu Owino has been released on Sh100,000 cash bail in a subversion case filed on Thursday.
Milimani Chief Magistrate Lukas Onyina ordered Owino’s release after making a finding that the prosecution did not present a compelling case to deny the lawmaker and six co-accused persons bail.
“A holistic look at the affidavit does not disclose compelling reasons to deny the accused persons bond, each of the accused persons is granted bond of Sh200,000 with an alternative cash bail of Sh100,000,” the magistrate ruled.
The accused persons who included opposition activist Calvin Gaucho were presented in court on Thursday and charged with subversion alongside five others following his arrest on Tuesday.
Gaucho stirred an online backlash after slaughtering a goat in full glare of cameras and licked its raw blood while daring government officials he accused of threatening Azimio leader Raila Odinga.
He made the statement on Tuesday, a day before the planned resumption of anti-government protests called by Odinga.
Appearing in court on Thursday, the State challenged a bid by lawyers representing the accused persons to have them released on bail citing national security concerns.
Lawyers representing the seven accused persons contested the State’s objection decrying the arbitrary detention of accused persons outside the 24-hour period provided for in law.
The lawyers cited Article 49 of the Constitution (2010) which requires the State to produce arrested persons in court “as soon as reasonably possible, but not later than– (i) twenty-four hours after being arrested”.
