A Nakuru Court has released Meru Senator Mithika Linturi on Sh2 million bail or an alternative of Sh5 million bond with surety over his hate speech remarks made in Eldoret.
Chief Magistrate Edna Nyaloti directed Senator Linturi not to contact witnesses either through proxy or directly.
While dismissing the prosecution’s application seeking to detain the senator for a further 7 days to allow for investigation into the matter Ms Nyaloti said there was no sufficient evidence to limit the accused’s liberty without a holding charge.
Nyaloti said the state has the machinery to continue investigations without taking away Linturi’s freedom.
She said the government can monitor the accused movement and even intercept his communication.
The Court stated that assertions by the Officers from the Office of the Directorate of Public Prosecutions to the effect that Linturi could interfere or influence the witnesses was not valid reason for the senator to be detained.
The magistrate further directed that the Senator who is represented by Eliud Mutuma report at the Department of Criminal Investigation headquarter in Nairobi once a week until otherwise ordered.
She ruled “Do not make any comments on the case under investigation, do not contact witnesses whether personal or through proxies and do not intimidate witnesses”
Linturi was arrested on Sunday morning by DCI detectives attached to the National Cohesion and Integration Commission (NCIC) over the remarks he made on Saturday during a rally in Eldoret.
The Director of Public Prosecutions (DPP) Noordin Haji, gave orders directing the Inspector General of the National Police Service Hillary Mutyambai to investigate Meru Senator for alleged inflammatory remarks that he made during a rally.
The DPP observed that Linturi’s utterances were likely to incite feelings of contempt, hatred, hostility violence or discrimination among the communities residing within the region.