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SUDI TO SPEND TWO MORE NIGHTS IN POLICE CUSTODY, PLEADS NOT GUILTY TO CHARGES OF INCITEMENT.

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SUDI TO SPEND TWO MORE NIGHTS IN POLICE CUSTODY, PLEADS NOT GUILTY TO CHARGES OF INCITEMENT.

Kapsaret Member of Parliament Oscar Sudi will spend two more nights in police custody pending court’s ruling on his bail application after he denied four criminal charges leveled against him.

Sudi was arrested Sunday morning after presenting himself at Langas police station in Eldoret following accusations of hate speech and incitement.

He was whisked away to the Eldoret Airstrip, flown to Nakuru and locked up at the Central Police Station.

Nakuru Chief Magistrate Joseph Kyalo deferred the ruling on bond application after a defense team led by the MP’s lawyer Collins Kiprono assisted by Uasin Gishu Women Representative Gladys Shollei and prosecution conducted by state counsel Daniel Karuri presented their submissions over the matter.

During the Court’s session convened via video link Mr Karuri opposed the law maker’s release on bond on grounds that the current situation in Uasin Gishu County was volatile.

Meanwhile, Ms Shollei and Nakuru Senator Susan Kihika have lashed out at the police for introducing three more charges minutes before Mr Sudi was arraigned before Court, terming the move as an abuse of the MP’s constitutional freedoms.

Addressing the media outside Nakuru Central Police Station Ms Shollei said it was absurd for detectives to prefer charges of resisting arrest, assaulting a police officer and being in illegal possession of firearms against the lawmaker yet he had presented himself to police.

Ms Kihika appealed to Kenyans to remain calm and let the due process of the law take its course, adding that she will lead other leaders in preaching peace and cohesiveness.

According to Karuri, the offence by the MP is serious adding that being a senior politician in the area, he is bound to interfere with witnesses saying crucial witnesses should be allowed to testify before a bond can be discussed. The state further submitted that Sudi was a flight risk.

Mr Kiprono who was with his client at the Central Police Station urged the court to release the MP on reasonable bond terms saying he has a constitutional right to bail. While noting the status of his client as an MP, Kiprono said Sudi was not a flight risk pleading to have him released.

Kiprono further argued that the prosecution had not provided any compelling reason to have his client detained for more time.

“His place of abode is well known and being a MP, he cannot disappear,” submitted Kiprono

The Kapsaret law maker pleaded not guilty to charges of hate speech and offensive conduct, resisting lawful arrest and illegal possession of firearms.

In a widely circulated video clip on social media, Sudi who is also indicted for assaulting a police officer on duty, is captured lashing at President Uhuru Kenyatta accusing him of sidelining Deputy President William Ruto in the management of the country’s affairs.

Earlier this week, Director of Public Prosecutions Noordin Haji approved hate speech charges against the lawmaker under the Cohesion and Integration Act.

Haji said the MP uttered words which are likely to stir ethnic animosity among communities residing within the Uasin Gishu area, adding that his office is satisfied that there is sufficient evidence to mount and carry through a successful prosecution.

The DPP noted that the MP’s actions may open old wounds and incite the different communities in the area against each other owing that Mau forest has been an area of contention.

 “Based on the evidence, applicable laws and the National Prosecution Policy, I have directed that, criminal charges be preferred against the MP for hate speech contrary to section 13 of the National Cohesion and Integration Act, 2008 and conduct conducive to breaches of peace contrary to section 94 of the Penal Code,” stated the DPP.

Section 13 of the National Cohesion and Integration Act provides that a person who uses “threatening, abusive or insulting words, commits an offense if such person intends thereby to stir up ethnic hatred, or having regard to all circumstances, ethnic hatred is likely to be stirred up.”

It also provides that: “any person who commits an offense under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or both.”

The DPP also cautioned politicians sowing seeds of discord against Kenyans, saying this will not be tolerated regardless of their social standing.

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