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Busia Senator Okiya Omtatah has been freed on a cash bail of Sh1,000 after the court declined a request by the Director of Public Prosecutions (DPP) to detain them for a period of fourteen days to investigate them over alleged contravention of the law by taking part in an unlawful assembly.
Omtatah together with 22 other suspects was also granted an alternative bond of Sh50,000 and one surety.
According to Senior Principal Magistrate Rose Ndobi, the prosecution did not present sufficient evidence to allow the application seeking their detention.
She stated that submissions of the defense lawyers, Kalonzo Musyoka, Martha Karua, Ndegwa Njiru, Simon Mburu and Felix Kinton have shown that what is raised in the application for detention were only allegations.
She indicated that the police had taken the suspects’ mobile phones and had access to the CCTV cameras from the Java coffee house and Naivas and as such did not require their presence.
She pointed out that the defense counsel further submitted that their clients were denied medical attention as some of them were injured during the arrest and they could not get access to their lawyers at the Central police station.
