This archive report was first published on 21 June 2020.
On Thursday, Kilifi Deputy Governor Gideon Saburi pleaded not guilty to failure to comply with a directive contrary to the Public Health Act.
However, in a reprieve for Mr Saburi, Senior Resident Magistrate Ritah Amwayi dismissed an application by the Director of Public Prosecutions (DPP) seeking to detain him at Manyani Maximum Prison.
The court cited a violation of Mr Saburi's rights, noting that the DPP failed to provide documents to support the argument that the DG had been sick with Covid-19.
"The court has not been provided with a certificate of a medical officer of health, how can he be isolated?" posed the magistrate in her ruling.
State prosecutor Edgar Mulamula had applied to have Mr Saburi held at Manyani Maximum Security Prison to enable police complete investigations.
Mr Saburi was charged with wilfully exposing himself in public while suffering from an infectious disease without taking proper precautions, contrary to the Public Health Act.
He allegedly exposed himself in public between March 6 and March 22, within Kilifi and while suffering from Covid-19, without taking any precautions.
Defence lawyer George Kithi raised issue with comments made by President Uhuru Kenyatta regarding Mr Saburi, arguing that the DG was arrested because the Head of State ordered it.
However, the court said a proper and justifiable verdict will be rendered over the matter in accordance with the evidence presented.
Ms Amwayi also warned against discussing the case in public.
Mr Saburi will now be detained till April 15 when his bond application will be heard.
