Court frees Korogocho MCA Absalom Odhiambo 'unconditionally' in incitement case

Korogocho Member of County Assembly (MCA) Absalom Odhiambo who was arrested on Monday over alleged inciteful remarks during a political rally has been released unconditionally.

The High Court on Wednesday quashed the case against the MCA where the prosecution was seeking to detain him for seven days pending the conclusion of investigations into the matter.

The three-judge bench ordered Odhiambo to be discharged, ruling that the applicants had no legal grounds to arrest and detain Odhiambo according to section 96 (A) of the Penal Code.

“The applicant is essentially seeking orders from the court to detain the respondent to investigate the offence and so the court cannot provide aid to such an effort because the basis under which the application has been made is fundamentally flawed and the application has no legal legs to stand on and so there’s nothing for this court to determine at this stage,” the judge stated.

“The only option available is to dismiss the application for being ineffective for it is not based on legal provision. The respondent is consequently discharged...he should be set free.”

Odhiambo was arrested by Directorate of Criminal Investigations (DCI) officers three days after the National Cohesion and Integration Commission (NCIC) summoned him.

The DCI accused the MCA of ‘inciteful to violence’ remarks made during an Azimio la Umoja One Kenya Coalition rally at the Kamukunji Grounds last week.

“The applicant's advanced investigations have revealed that the respondent is a habitual character who wants to cause havoc on the Nation through his followers both from public address and social media,” the court was told on Tuesday.

“The investigator estimates that it will take 7 days to complete investigations and forward the investigations file to the ODPP for a decision to charge.” 

Following the ruling, the defendant's lawyer Danstan Omari welcomed the ruling saying the government was plotting to victimise politicians allied with the opposition.