Judge stops arrest of John Lonyangapuo over road drama

The High Court has stopped police from arresting West Pokot Governor John Lonyangapuo for storming a police roadblock and freeing a traffic offender.

The governor last week forcibly freed the boda-boda rider who had been arrested for breaching traffic rules on Pokot-Kapenguria road.

SH200,000

But sitting in Kitale, Justice Hillary Chemitei stopped his arrest and lock-up.

"This court grants the petitioner with Anticipatory bail of Sh200,000 to cover the impending arrest or detention of the petitioner by the respondents based on an incident whose facts are narrated on the petition filed," he ruled.

The judge also ordered reinstatement of Prof Lonyangapuo’s security detail, which was withdrawn last Friday.

"A conservatory order is hereby issued to reinstate the respondents from withdrawing police officers seconded to guard the petitioner and his residences," ordered Justice Chemitei.

The case will be heard on December 13.

In the application filed by his lawyer Peter Wanyama under certificate of urgency, the prof sued Interior Cabinet Secretary Fred Matiang’i, Inspector-General of Police Joseph Boinet and Director of Public Prosecution Noordin Haji.

Prof Lonyangapuo claims his arrest is illegal and unconstitutional exercise of authority and a blatant abuse of police powers.

By virtue of Article of 33 of the Constitution, Mr Wanyama says, the petitioner cannot be arrested and charged for simply speaking out on incidents of “extreme police brutality and abuse of fundamental rights of residents of West Pokot".

He argues that the governor’s security is not at the discretion of Dr Matiang’i but a constitutional right as an elected leader.

POLICE

“The court has also issued an order stopping the further withdrawal of security from the governor and we hope that the Cabinet secretary will comply with the order,” he said.

The county boss claims police officers released the alleged offender, Mr Leonard Powen, on their volition.

"I enquired from the traffic officers about the issue but they didn’t offer any reasons why they were detaining the said Leonard Powen in cruel and inhumane manner and not taking him to court if they thought he had violated traffic laws,” he states in the application.

“The officer could not explain the issue but proceeded to freely release the said rider on their own volition.”

The court barred police from arresting, detaining, and charging the governor in court.

“I hereby grant the applicant the orders sought pending the hearing of the case. The respondents are restrained from taking action against him,’’ the judge ruled.

Mr Wanyama said failure by the three government officials to comply with the orders will see him file contempt proceedings against them.

The case was filed as Prof Lonyangapuo continued to miss in action.

Reports at the weekend indicated that he had gone into hiding to avoid arrest.