In Summary
  • The seven were handed a reprieve when Kisumu High Court Judge Justice Fred Ochieng overturned a ruling for their detention at Kodiaga Prison.
  • In detaining the accused, Ms Ndombi said the police needed to collect more evidence and complete investigations.
  • After three nights in prison, Justice Ochieng released each of them on personal bonds of Sh250,000 with two sureties.

Seven Homa Bay members of county assembly (MCAs), who were charged with assaulting county Speaker Elizabeth Ayoo, have been released on bond.

They are Mr Evans Marieba, Mr Dan Were, Mr Paul Ongoro, Mr Walter Muok, Mr Philemon Onditi, Mr Peter Kaula and Mr Julius Gaya.

REPRIEVE

The MCAs were all handed a reprieve when Kisumu High Court Judge Justice Fred Ochieng overturned a ruling made by Resident Magistrate Rose Ndombi last Friday, detaining them at Kodiaga Prison for 14 days pending the hearing of their case.

In detaining the accused, Ms Ndombi said the police needed to collect more evidence and complete investigations.

The prosecutor, Mr Lazurus Sirtui, had told the court investigators were yet to collect crucial evidence from the Clerk of the Assembly.

He said that if released, the accused may interfere with the ongoing investigation given their positions in the County Assembly.

But after three nights in prison, Justice Ochieng released each of them on personal bonds of Sh250,000 with two sureties.

RIGHT

Defence lawyers led by Mr James Aggrey Mwamu, Homa Bay Town MP Mr Opondo Kaluma and his Ruaraka counterpart Mr Tom Kajwang argued that the leaders had a right to bail.

Mr Kaluma said the MCAs are state officers who hold leadership positions while others chair critical committees in the assembly and are therefore not a flight risk.

He told the court that the prosecution did not give compelling reasons to deny the accused bail.

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