Mavoko MP Patrick Makau has been charged with arson following the burning of a police post in Syokimau, which had been marked as a crime scene.
Mr Makau was also charged with incitement to violence, disobedience of the law and destruction of evidence.
The MP was denied anticipatory bail at the High Court in Nairobi where Justice Luka Kimaru directed the police to escort him to the Chief Magistrate’s court in Machakos to face the charges.
“The applicant has surrendered himself to the police, he is within the court precinct, the prosecution indicates that after being processed, he will be charged as investigations have been completed,” the Judge said.
He made an order that “plea must be taken today (Monday) after the applicants finger prints and other processes have been completed by the police.”
“The applicant shall be at liberty to apply for bail before the court that will take plea,” the Judge ruled after declining to issue bond terms that lawyers had sought for the MP.
He said he “cannot dictate to the trail court what bail terms it should impose on the applicant.”
“He is ably represented and shall be able to make his case before the chief magistrate’s court in Machakos, as regard the application for anticipatory bail, the same is spent since the applicant has been charged,” Justice Kimaru said.
He said that if the MP is not granted bail or the terms imposed are “unreasonable” he shall be at liberty to make an appropriate application before the High Court sitting in Machakos.
Chief Inspector Isaiah Mwiranga, who is investigating the case told the court that the MP led a group of boda boda riders to Syokimau AP post.
“That on arrival at the AP post, the applicant addressed the mob in Kamba and Swahili languages and was heard using the term ‘vivia’ and also repeating In Swahili saying ‘choma’ and the crowd obeyed him and set four container rooms used as a temporary cell, a residential house, a report office and store on fire,” the affidavit reads.
Mr Mwiranga claims in an affidavit that uniforms, stationery and personal items valued at Sh 500,000 were destroyed.
The container in question is believed to have been where the late human rights lawyer Willie Kimani, his client and a taxi driver were held captive after being abducted as they left Mavoko law courts on June 23.
He state that the containers had been secured as an exhibit in a murder case pending before the Milimani High Court.
A warrant of arrest had been issue against the MP after he allegedly went into hiding and could not be traced at his residence nor through his mobile phone.
The charges against the MP read that on July 6 jointly with others not before court, he unlawfully set fire to Syokimau AP post container, AP service uniforms, four wooden beds, four, mattresses, assorted properties valued at Sh 500,000.
A second charge of incitement stated that on the same day he uttered words “set fire to the AP container” which led to destruction of assorted government property.
The third charge stated that the MP jointly with others not in court unlawfully destroyed evidence that might be required in judicial proceedings.
Source: The Nation