Former Nairobi Governor Mike Sonko has moved to the High Court seeking to stop criminal charges preferred against him before a Kiambu court.
Mr Sonko also wants the court to put on hold terrorism charges, which he is yet to plead to, saying the charges are trumped up and meant to persecute him politically.
In the petition under certificate of urgency, Mr Sonko also wants the court to order his immediate release, pending the determination of the petition.
Sonko breaks down in court as he appears in graft case
He says it will be abuse of the criminal justice system, against public interest and legally frivolous for the police to resurrect cases that they have ignored for more than two decades.
The politician says he is aware that in addition to resurrecting old cases, the State has also reactivated new cases on corruption involving AAR medical insurance contract, assault, forcible entry and terrorism.
He argues that the State want to use the cases to detain him for more than 30 days in unlawful custody arguing that he was spotted wearing a military fatigue, while those clothes are easily available at Gikomba, Eastleigh, Mutindwa, Ngara and Kenyatta Markets.
"The primary objective in resurrecting these cases is to achieve a political outcome of extinguishing my political career as opposed to the criminal objective of prosecuting cases for public interest," he says while describing himself as a well-known politician having been elected as Member of Parliament, Senator and Governor.
He says his current troubles is out of the comments he made at public rallies about 'certain individuals who are currently holding public and State offices' and the charges preferred against him are politically driven with intention to harass and intimidate him.
"My comments were meant to enlighten the Kenyan public with respect to the characteristics of those people who were holding the public and State offices. My comments riled and angered those people," he says without giving names of the said individuals.
Upon his arrest on February 1, he says he was shocked to be arraigned in court with charges not related to the accusations that he had been summoned for at the Directorate of Criminal Investigations (DCI).
"I have heard that I am to be charged with terrorism offences which I consider to be absurd," he says.
He reminds court that since 2009 when he was elected Makadara MP to August 2017 when finished his term as Senator, he was enjoying protection by State bodyguards.
After he became governor in August 2017, Mr Sonko says the government enhanced his safety by deploying more than 20 body guards including two police officers from the Recce Squad who ordinarily protect the President.
"Absurdity of the claim (on terrorism) is that how could I have been conducting acts of terrorism in the presence of all those police officers. My homes in Nairobi, Machakos and Mombasa were all protected by police officers. The question that calls for answers is why the government could invest a lot of resources in protecting a political terrorist. Where was the intelligence network?" he questions.
Mr Sonko adds that his arrest pertaining to the charges of assault, incitement and terrorism and other penal offences is meant to overwhelm him and induce him to submission.
The petition indicates that he is confined in a maximum security facility where the process to visit and seeing is riddled with bureaucratic procedures which are time wasting and unnecessary.
He wants court to issue an order for his release pending the hearing of his petition because he is not in good health. The petition is awaiting directions. He has listed the Inspector General of Police, Director of Public Prosecutions and the Attorney General as respondents, respectively.
