The Court has denied the prosecution three weeks to detain Malindi MP Aisha Jumwa to allow the police time to complete investigations into the fatal shooting of a man in Ganda Ward in Malindi on Tuesday night.
Instead, the court freed the MP on a bond of one million shillings and surety of the same amount or an alternative cash bail of Sh500,000.
The Court said there were no sufficient grounds for the police to continue holding the MP since there were no charges leveled against Hon. Jumwa.
He further said that liberty of the MP was precious and the constitution must be respected meaning that the MP must not continue being detained.
“It is unlawful for the police to hold a person without a formal charge made in court. A person’s right to liberty should be respected. Prima-facie evidence is needed,” said Vincent Adet who safeguarded the fundamental rights and freedoms of Ms. Jumwa in his ruling.
The MP was arrested following the death of an ODM member, Ngumbao Jola, through a fatal gunshot at Ganda Ward in Malindi where a by-election for the seat of Member of County Assembly is awaited.
Following the ruling, MP Jumwa is expected to present herself on the 22nd of October to assist in investigations, and only with evidence from the police will the respondent present herself in court to take a plea.
Aisha spent one night in police cells after an arrest at her home in Kakuyuni.