BY SAM ALFAN.
The High Court has certified urgent an application by Pokot South Member of Parliament David Pkosing seeking to be granted bail, pending arrest.
Justice Diana Mochache certified the application as urgent and directed the case to be heard by all parties on Thursday, February 23.
The MP through lawyer Danstan Omari also asked the court to restrain the Director of Criminal Investigations, the Inspector General of Police and the Director of Public Prosecution or their agents from arresting, harassing or charging him.
He argues that on February 15, at around 5.30 pm, while leaving his office at Intercontinental House, he was arrested and whisked away to DCI headquarters along Kiambu road where he was interrogated and recorded statement.
He was released later at 11pm and was allegedly informed that he was arrested in connection to funding of banditry within the troubled area of North Rift.
The legislator says the allegation is farfetched and baseless and upon release, he was issued with a notice to appear at the DCI Headquarters the following morning, which he obediently adhered to.
“Upon honouring the Summons of the 17/02/2023 at 8.00 AM; he was verbally turned away and informed by the DCI Officers to appear at the DCI offices in the afternoon and to be precise 4.30 p.m. and further informed that the DCI is now investigating him for money laundering,” his lawyer said.
The MP said he has never received any other summons requiring him to attend to any Police Station or Investigative Agency.
Pksoing said he is apprehensive that the intent of requiring him to attend the DCI offices at 4.30 PM on a Friday is to lock him up till Monday next week arbitrarily.
He says the news of his imminent arrest was widely circulated and reported by various media houses and on social media platforms and he is apprehensive that the police will raid his home and arrest him.
National Police Service has already demonstrated malicious intent and a clear disregard for the rule of law by abusing due process as evidenced by the unwarranted arrest and speedy transfer to DCI HQ offices without availing him an opportunity to appear before the said offices on his own.
“As a law-abiding citizen, the Applicant is ready and willing to submit himself to a just and fair legal system or process in which his fundamental rights and freedoms are respected and protected and the applicant is entitled to the secure protection of the law as guaranteed under Articles 25, 27, 28, 29, 47, 49, 50 and 51 of the constitution and the court is obliged to act to enforce due process of the law and constitutionality,” said Pkisong.
