Seven Homa Bay members of county assembly accused of assaulting Speaker Elizabeth Ayoo were released on bond after the Kisumu High Court overturned an earlier order that had remanded them at Kodiaga Prison.
The ruling was delivered on 20 November 2018 by Kisumu High Court Judge Fred Ochieng, who set aside the decision made by Resident Magistrate Rose Ndombi the previous Friday. The seven are Evans Marieba, Dan Were, Paul Ongoro, Walter Muok, Philemon Onditi, Peter Kaula and Julius Gaya.
Ndombi had ordered the MCAs held for 14 days while police completed investigations and gathered more evidence. Prosecutor Lazurus Sirtui told the court that investigators still needed crucial material from the Clerk of the Assembly and warned that the accused could interfere with the probe because of their positions in the county assembly.
After spending three nights in prison, the lawmakers were each released on personal bond of Sh250,000 with two sureties. Their defence team, led by James Aggrey Mwamu, together with Homa Bay Town MP Opondo Kaluma and Ruaraka MP Tom Kajwang, argued that the Constitution protected their right to bail and that the prosecution had not shown compelling reasons to keep them in custody.
Kaluma told the court that the MCAs were state officers and some chaired key committees, making them unlikely to flee. He said the prosecution had not presented a sufficient basis to deny bail.
“The right to bail is in the Constitution and cannot be limited unless the prosecution gives compelling reasons. Here, none exists,” said Kaluma.
State Counsel Gloria Barasa opposed release, saying investigators feared witnesses were located in the same areas where the MCAs worked. She also told the court that more charges would be filed, including malicious damage to property.
Kajwang argued that any claim of witness interference had to be demonstrated in court and should not be used to drag politics into the case. The judge agreed that a person charged with assault is entitled to bail, but noted that witnesses might still feel intimidated because of the accused persons’ influence.
Ochieng therefore barred the seven from contacting witnesses, discussing the case, or interfering with the investigation in any way. He warned that any breach of those orders would lead to arrest. The hearing was set for 23 January.
