The court on Friday released Migori Governor Okoth Obado on bail after dismissing an application to detain him pending conclusion of a firearms possession investigation.
The Kibera court freed the Migori governor on a Sh500,000 bond with surety of a similar amount or Sh200, 000 cash bail and ordered him not to interfere with the ongoing investigations.
Kibera Chief Magistrate Joyce Gandani ruled that the prosecution failed to establish why Mr Obado should continue being held in custody.
Ms Gandani ruled that the governor is not a flight risk and is not likely to tamper with witnesses even though none have yet been identified.
— WatsupAfrica (@watsupafrica) November 16, 2018
The prosecution wanted the governor to be detained for 15 days as police finalised the alleged case of possession of firearms and ammunition.
Mr Obado had spent two nights in police cells after his arrest on Wednesday after police said they found eight firearms in his Nairobi and Migori homes.
Migori Governor Okoth Obado was on Friday released on a Kshs 200,000 cash bail.
He was also given a second option of a Kshs 500,000 bond and a surety of the same amount.
— ktn (@KTNKenya) November 16, 2018
In the ruling, Chief Magistrate Joyce Gandani of Kibera Law Courts ordered the governor not to interfere with investigations and to report to Directorate of Criminal Investigations (DCI) every fortnight.
“From the Judiciary’s bond policy…there are no compelling reasons to justify the denial of bond here, and after considering all the factors here, I am satisfied that the respondent is not a flight risk and will appear for trials if need be,” ruled Gandani.
She further added that he was likely not to tamper with the investigations.
The prosecution had requested that the court detain him for 15 more days to allow them carry out investigations into the incident.
The release of obado is a sign that the judiciary are not ready to support Kenyans in the fight against impunity.
— Josphat Nginya Githaka (@JosphatNginya) November 16, 2018
This was in connection with a raid by the Ethics and Anti-Corruption Commission (EACC) detectives on his homes on Tuesday where they found a total of eight guns.
Five of the firearms were recovered in Nairobi while three were recovered at his home in Uriri, Migori County.
EACC officers, in support of the DCI, ransacked his two houses in Migori and Nairobi before moving to his office.
The rummage was in connection with alleged misappropriation of Kshs2 billion in which the Governor is said to have been involved in.
In the probe, the officers also seized electronics, several bank statements and a number of 9mm ammunition.