Meru Senator Mithika Linturi has been released on Sh2 million bail or an alternative of Sh5 million bond with surety over his madoadoa remarks made in Eldoret this past weekend.
While appearing before the Nakuru Chief Magistrate Edna Nyaloti, the court ordered Linturi to report to the Directorate of Criminal Investigations (DCI) Headquarters on Kiambu Road in Nairobi weekly.
The court also ordered the Meru Senator not to contact or intimidate witnesses in the case, either by proxy or personally.
“His free speech rights are limited that he should not make any comments on the case under investigation,” Chief Magistrate Edna Nyaloti ruled on Tuesday, January 11.
The court declined to grant an application by the prosecution seeking to detain the senator for seven days to allow the completion of investigations.
“I am satisfied that the prosecution doesn’t have compelling reasons to limit the respondents right to liberty,” said the Chief Magistrate.
The Prosecution also argued that it had not been able to compile cyber-forensic analysis, and that statements were yet to be recorded from potential witnesses.
Linturi’s defense lawyers, accused the State of delay tactics, arguing that the Prosecution breached the Constitution by presenting the accused in court beyond the 24-hour limit as speculated by the law.
“The Constitution is clear that an arrested person should be brought to court not more than 24 hours,” the Magistrate noted.
The senator was arrested at a hotel in Eldoret on Sunday morning following a directive by the Director of Public Prosecutions Noordin Haji to the Inspector General of Police Hilary Mutyambai to investigate the matter and forward the findings to his office by January 14.
