The high court has barred the police from arresting two MPs allied to Deputy President Rigathi Gachagua on suspicion of being the masterminds and sponsors of the Maandamano chaos.
Embakasi North MP James Gakuya and his Embakasi Central counterpart Benjamin Gathira moved to court seeking to stop their arrest and prosecution.
Justice Chacha Mwita on Monday issued orders restraining the state from arresting and prosecuting them pending the hearing of their case.
The police have alleged that the two are suspected to have organized the chaos in the Maandamano, but the legislators have since refuted the claims.
“In the meantime, a conservatory order is hereby issued restraining the State Law Office and the ODPP and their agents from arresting, detaining, confining or in any other way interfering with the MPs’ liberty in connection with the allegations giving rise to this period until September 17, 2024,” the order reads.
In the case, the legislators, through lawyer Duncan Okatch, had asked the court to stop their arrest, arguing that they have cooperated with the police.
Okatch says that on July 31, they honored summons to the DCI where they were held incommunicado for a whole day undergoing interrogations by the officers.
In his affidavit, Gakuya claims that their imminent arrests are aimed at maligning, defaming, and intimidating them for their choice of political party.
Gakuya and Gathiru both argue that if arrested, they will miss out on the vetting of the CS nominee, which is their obligation as MPs.
