KENYA: Former Nairobi mayor George Aladwa will continue to enjoy his bond terms pending investigations into an incitement case against him, the High Court said Tuesday.
Mr Aladwa who was to be charged with incitement to violence following the remarks he made at a public rally in Kibra recently will continue to enjoy the bail terms he was granted after police arrested him last Saturday before the closure of the ongoing investigations.
Mr Aladwa was arrested on Saturday by Flying Squad officers in Nairobi's Central Business District over alleged ethnic hatred and incitement to violence remarks during a rally at Kibra on Mashujaa Day.
High Court judge Joseph Onguto directed that Aladwa be allowed to continue enjoying Sh20,000 police cash bail terms he was granted at Kilimani police station pending the ongoing investigations.
This is after Assistant DPP Nicodemus Maingi and Mr Aladwa's lawyers struck a cnsent before the judge in which they agreed to return to court on November 30 for further directions.
Justice Onguto also directed Aladwa to cooperate with investigators and honour "summons" whenever required to.
"This court has taken into consideration the undertaking by the petitioner not interfere with ongoing investigations and witnesses in the impending case," Justice Onguto said
Mr Aladwa's lawyers Harun Ndubi, John Khaminwa and Antony Oluoch told the judge that they are yet to file a proposed petition to challenge his prosecution and pledged to do so within the next seven days.
At the same time the Director of Public Prosecutions Keriako Tobiko, the Inspector General of Police Joseph Boinett and Director of Criminal Investigations Ndegwa Muhoro who are to be respondents in the petition were directed to file their responses within 14 days upon service for the hearing and determination of the suit.
Mr Aladwa gave an undertaking to cooperate with investigators and not to interfere with witnesses.
Through his lawyers he also undertook to honour summons to appear before the chief magistrate's court to answer to the incitement charge should he be summoned once investigations are complete.
Aladwa who is also the Orange Democratic Movement (ODM) Nairobi Branch Chairman and a strong ally of former Prime Minister Raila Odinga's was accompanied to court by a group supporters.
Lawyer Harun Ndubi told the court that “Aladwa undertakes to appear before police anytime as required for investigations and we also undertake to appear before the cheif magistrate's court whenever summoned."
Lawyer Antony Oluoch also for Aladwa said his client's arrest was "premature in the light of incomplete investigations."
Oluoch also asked the police to inform them in advance and not to ambush Aladwa as was the case when he was arrested and locked up in custody last week."
