The High Court on Thursday refused to stop the arrest of two MPs accused of misbehaving at Gigil weighbridge early this year.
Nandi Hills Alfred Keter and his nominated counterpart Sonia Birdi wanted the court to issue orders restraining the Ethics and Anti-Corruption and Director of Public Prosecution Keriako Tobiko from arresting and prosecuting them until their case is heard.
Lawyer Okong’o Omogeni for the accused told Lady Justice Mumbi Ngugi that planned prosecution is political, discriminatory and is meant to embarrass and spoil the lawmakers’ names.
Mr Keter and Ms Birdi claimed the intention of EACC is to interfere with their freedom by prosecuting them for offenses that fall under the Leadership and Integrity Act.
BAIL REQUEST
That decision, Mr Omogeni argued, is illegal since EACC can only institute proceedings under the Anti-Corruption and Economic Crimes Act for people accused of corruption.
While pleading that the matter be heard urgently, the lawyer said EACC currently has no commissioner and hence it cannot institute any proceedings against the accused.
He urged judge Ngugi to grant the lawmakers anticipatory bail but she declined.
She also turned down a request to issue orders stopping police form arresting the two suspects and directed them to record statements if they are called upon to do so.
“The matter is certified urgent. Let’s give the sued parties time to go through the case documents. In the meantime, should the two be required for arrest, let them record statements or do as required of them with the EACC or the police,” she directed.
The case will be heard on May 18.
