Kimilili MP Didmus Barasa has moved to court seeking anticipatory bail pending his arrest in relation to a shooting incident that saw his main rival's aide shot dead.
In court papers filed at the High Court in Milimani, Nairobi, he says the Directorate of Criminal Investigations (DCI) has not fully investigated the matter.
Additionally, he alleges that the victim, Mr Brian Olunga, was part of a hit squad deployed from Nairobi and was killed by a stray bullet.
"According to a reliable source, the deceased was part of a hit squad that was deployed from Nairobi and was in fact killed by a stray bullet due to wrangles with his confidants. Mr Barasa has been branded a murderer without due process being followed thus prejudicing his right to fair trial...hence the need for the court to grant him bail pending arrest," his lawyer Dr John Khaminwa said. He also wants his client's application certified as urgent.
Arguing that no thorough investigations have been carried out by the DCI, Dr Khaminwa argued that false information about the MP has been circulated and that this has affected his safety.
"No preliminary investigations have been undertaken but he has been branded as the perpetrator. Due to the negative publicity, he is wary of his safety and hence the need for the court to grant him bail pending arrest. He is fearful that if he is not granted bail, his security will be at risk," he said.
Barasa's version of events
The MP, through his lawyer, narrates that the shooting incident occurred after the MP was engaged in a scuffle with some aspirants in Kimilili Constituency, Bungoma County, leading to loss of life of one individual.
He adds that police had invaded his office on Tuesday "in the pretence of carrying out investigations" into the incident.
"I understand Mr Barasa is under distress following allegations that he might have killed a person...The information is incorrect as he was targeted for assassination by a hit squad. I am further informed that upon his arrival at Kimilili DEB Primary School, unknown persons started bashing him thus causing chaos," he adds.
In the court papers, the MP's lawyer faults the DCI for seeking to arrest the MP without first concluding the investigations.
"It is paramount that this court grant him bail so that his right to fair trial is not hindered. Mr Barasa as a leader. He is aware of the importance of the rule of law and if granted bail pending arrest, he will present himself willingly to the authorities so that the full force of law can be exerted," says Dr Khaminwa.
