East Africa Legislative Assembly (EALA) MP Florence Jematia will be held in Kabarnet Police Station for one more day as she awaits a ruling on her bail terms.
The EALA MP was arraigned on Thursday at Kabarnet before Resident Magistrate Nerolyne Idagwa after being arrested on January 30, 2022 for allegedly threatening to arm Baringo residents to fend off bandits.
Citing insecurity in the area, Ms Sergon was caught on video, which has since gone viral, threatening to start a funds drive to aid the purchase of guns.
She was arrested on Wednesday by officers from the Directorate of Criminal Investigations (DCI) in Nairobi and taken for questioning at Nairobi area police station before being locked at Kabarnet Police Station in Baringo County.
In a sworn affidavit by the investigating officer presented in court by the state counsel George Mong’are, the prosecution asked the court to have the suspect be detained at Kabarnet Police Station for five days to allow police complete their investigation.
“In respect to the accused person, I pray the court to hold her in police custody for five more days to allow police conclude their investigation that includes recording statements of remaining key witnesses, collecting of the media clip and certification of the same from the Communication Authority of Kenya,” said Mr Mong’are.
He claimed that due to insufficient time, the investigating officer was able to complete the investigations because the accused was arrested away from Baringo and arrived at Kabarnet Police Station in the evening.
“In the affidavit, it is also alluded that at the scene of crime, gunshots were heard from the nearby thicket immediately after the accused made the remarks to the public, hence the situation at the ground currently is volatile,” he added.
The state counsel also indicated the MP, being a public figure, wields a lot of influence and is most likely to interfere with investigations and further incite the public which would result to violence.
He noted that the State intends to charge the accused person with the offence of uttering words with subversive intentions contrary to section 77 (1) of the penal code.
“After completion of the investigation I am likely to prefer more charges against the accused person. I pray that this court remands the suspect at Kabarnet Police Station for five days to enable us complete investigations,” said Mr Mong’are.
However, in their submissions, the defense counsel objected to the detention claiming this would infringe on the constitutional rights of their client.
Lead defense counsel Kipkemboi Sirma said the grounds of holding the suspect for fear that she would interfere with witnesses, could not hold any water because the said witnesses had not been disclosed.
Mr Sirma also argued that the claims were nothing short of hearsay and should not be relied on by the court.
“Holding her for five days on claims that the ground is volatile is false because the same people want her there. The big question is… is she a flight risk? and what prevented the police from writing the statements before presenting her in court. It is my submission that the court grant her lenient bond terms with any other condition and I promise that she will abide by them,” said Mr Sirma.
