A magistrate’s order threatening to cancel bond for Kapseret MP Oscar Sudi for failing to attend the hearing of a criminal case against him has been quashed by the High Court.
Lady Justice Hedwid Ong’udi has lifted the order by senior principal magistrate Felix Kombo, trying Mr Sudi for forgery of academic certificates, compelling the MP to attend court on Monday.
Mr Kombo had ordered Mr Sudi to appear in court to explain why his bond cannot be cancelled for failing to attend the hearing of the criminal case against him.
He is charged with forging academic certificates which he presented to the IEBC during the 2013 General Election.
Lawyer Thomas Ruto for Mr Sudi told the magistrate that “the MP was out campaigning for the Jubilee Party nominations and could not attend court since he will be seeking re-election during the August 8, elections.”
Mr Ruto also told the magistrate that he had earlier written to the prosecutor informing him about the MPs predicament but he “opted to seek for a warrant of arrest.”
“This case had also been listed for hearing May 8 and I had asked the magistrate to indulge the MP,” Justice Ong’udi heard.
Mr Ruto asked the judge to issue a conservatory order lifting the order directing the MP to attend a mention on April 24.
In her ruling Justice Ong’udi said the MP had explained himself and needed to be indulged.
“I hereby issue a conservatory order suspending the order the MP attends court on Monday to show cause why his bond cannot be cancelled,” Justice Ong’udi ruled.
Justice Ong’udi directed the MP to attend the hearing on May 8.
Meawhile, Mr Sudi can go about his nomination campaigns. He has denied the charges and is out on bond.
Besides Mr Sudi, Imenti Central MP Gideon Mwiti who is facing a rape case also did not turn up in court before the chief magistrate. His lawyer Dr John Khaminwa reported that he was unwell.