CORD MPs, Babu Owino want ruling remanding them reversed

The Coalition for Reforms and Democracy (CORD) Members of Parliament and University on nairobi leader Babu Owino have moved to High Court seeking to be released on bail as probe into alleged hate speech remarks they made continue.

The lawmakers, among them Senator Johnstone Muthama (Machakos), Kilifi Women Representative Aisha Jumwa, Timothy Bosire (Kitutu Masaba), Florence Mutua (Busia Women Representative) and Junet Mohamed (Suna East) alongside the University of Nairobi student leader Babu Owino want the ruling by the Milimani Magistrate Court remanding them until Friday without a bail or bond option reversed.

In the application, the six argue that the court misapplied and improperly invoked the provisions of Article 49(1)(h) of the Constitution on the question as to whether there existed sufficient grounds to hold or detain them pending further investigations or charge.

They argue that the Chief Magistrate Court denied them bail and ordered they be detained for four days pending investigations which amount to a violation of their constitutional rights.

The six further claim that inspite of being held in custody for 18 hours, they have not been allowed any food nor access to their lawyers, spouses or relatives.

The law makers were arraigned on Tuesday before the Nairobi Chief Magistrate Court alongside Jubilee MPs Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete) and Kimani Ngunjiri (Bahati) but did not answer to any charges after the prosecution applied for their detention pending investigations.

The Inspector General of Police, the Directorate of Criminal Investigations and the office of the Director of Public Prosecutions have been named as respondents.

Additional reporting by Dzuya Walter