The previously underfire Member of Nairobi County Assembly, Absalom Odhiambo, is a free man.
The Korogocho ward MCA had been arrested over allegations of incitement to violence and disobedience of the law over utterances he made during a meeting at Chungwa House in Capitol Hill on January 25.
Speaking during Azimio grassroots leaders meeting hosted by ODM leader Raila Odinga on Wednesday last week., Odhiambo asked Raila to allow them to go to the State House and forcefully eject Ruto.
“Baba(Raila) hakuna njia engine. Tunataka tuende ikulu tutoe huyo mwizi ikulu
“Pia nataka kusema lazima tuingie town, tufunge mabiashara. Hakuna biashara itaendelea hii capital city ya Nairobi. Ndio William Ruto aheshimu Raila Odinga lazima tufunge biashara hii Nairobi,” the MCA said.
The utterances landed Odhiambo in trouble with the National Cohesion and Integration Commission, which summoned him to their Upper Hill offices. While waiting to record a statement, DCI officers arrested the MCA and detained him at Central Police Station for two nights.
MCA Odhiambo, commonly known as Matakwey Mobimba, appeared before Milimani principal magistrate Gilbert Shikwe on Wednesday, where he was freed unconditionally.
Police had filed an application seeking to detain the MCA for seven days pending investigations but the court dismissed it.
Shikwe ruled that the application was not based on any legal provision and directed the police to release Odhiambo with immediate effect.
“I have looked at the case presented in court. Looked at the High Court decision making section 96A of the penal code unconstitutional and I have noted that the decision has not been challenged by the prosecution.
“It is a nonchallenged fact that the applicant seeking orders to detain the suspect for seven days has no legal leg to stand as it is so based on non-exsitent law and the only option is to dismiss.
“He is hereby released unconditionally unless unlawfully held.” Shikwe ruled.
The court said the Inspector General of Police and the Directorate of Criminal Investigations(DCI) should have known that the law on which they relied on in seeking detention orders have been expunged from the statutes.
“As it is now, the application remains unchallenged and I order the immediate release of Mr Odhiambo unless lawfully held,” ruled the magistrate.
Magistrate Shikwe also put the Attorney General on the spot for failing to present amendments to the law to Parliament as directed by appeal Judges Jessit Lesiit, John Mativo and Luka Kimaru, who declared the law unconstitutional.
The AG had been given one year to make an amendment to the law.
The court also noted that the hurried manner in which the State rushed the MCA to court leaves a lot to be desired.
Speaking after his release, the MCA said he will sue the DCI, IG, AG and DPP for illegal arrest and detention which has caused him embarrassment and disrepute.
