State wants EALA MP held over speech detained further

EALA MP Florence Jematia when she appeared before an open-air court at the Kabarnet Law Courts on February 4, 2022 [Harun Wathari, Standard]

A magistrate’s court in Kabarnet will today rule whether a member of the East African Legislative Assemblies Florence Jematia is to be detained for a further five days.

Jematia was arrested on Wednesday in Nairobi following alleged inciteful utterances she made at Lomoiywet in Baringo South last month.

She was arraigned on a miscellaneous application filed under a certificate of urgency. Prosecutor George Mongare asked the court to issue custodial orders to allow police to detain Jematia as they conclude investigations into the matter.

In the application, police constable Denis Muthuri said due to time limitations, they were yet to conclude investigations.

The State informed the court that the situation in the area is still volatile owing to the utterances by the lawmaker. “The situation in Lomoiywet is volatile owing to her utterances. As at the time she spoke, gunshots were heard from a nearby thicket,” stated the State Counsel.

The state noted that Jematia had influence and if released, the situation may get worse.

Police said they were yet to conclude recording statements critical in the case. They are yet to collect the video and get certification of the same from Communication Authority of Kenya. “Upon completion of investigations, more serious charges may be preferred. To be particular to the charge, the accused is likely to face a charge of uttering words with subversive intentions,” he stated.

Lawyers Frank Boiywo, Tunen Kiplagat, Kipkemboi Sirma and Allan Ochieng, acting for Jematia, opposed the application. Sirma, in response, said the application by the prosecution was made in bad faith and infringed the rights of their client.

“The court has not been told who the witnesses are. Holding her for five days defeat the fact that the ground is volatile. In fact, she’s needed there. No holding charge has been filed. What they gave is an intention to charge,” lawyer Sirma said.

He said their client is not a flight risk and pleaded with the court to grant her lenient bond terms.

Lawyer Kiplagat said there was no demonstration whatsoever, not even in the affidavit, indicating the release of Jematia will interfere with any witnesses.

Kabarnet Senior Resident Magistrate Nerolyne Idagwa said she will deliver the ruling at 10am. Jematia was arrested within Nairobi’s Westpark Estate. According to authorities, Jematia allegedly told residents of Mochongoi in Baringo South to raise funds to buy firearms.