Tobiko orders release of writer Walter Menya, recalls case file
What you need to know:
State lawyer Daniel Karuri told court that the DPP had asked that Mr Menya be released on a free bond and should not be charged with any offence.
Senior Principal Magistrate Martha Mutuku ruled that Mr Menya should not be detained any longer.
Nation journalist Walter Menya, who had been held in police custody for two nights, on Tuesday walked home a free man following instructions from the Director of Public Prosecutions (DPP) that he be released unconditionally.
State lawyer Daniel Karuri told court that the DPP had asked that Mr Menya be released on a free bond and should not be charged with any offence.
But Mr Karuri also said the DPP had requested to have the case file even though the police were yet to finish investigations.
With that, Senior Principal Magistrate Martha Mutuku ruled that Mr Menya should not be detained any longer.
COMPLETE INVESTIGATIONS
“Police had one more day to complete their investigations but it has not been demonstrated why this has not been finalised, but Mr Menya is presumed innocent till proven guilty,” said the magistrate.
She added: “He is not a flight risk, being a journalist, therefore the order issued on Monday that he be released today (Tuesday) still stands. He is a free man.”
Still, defence lawyers James Orengo, Nelson Havi and Apollo Mboya raised concern on the fact that his rights had been violated by being detained and released without being charged.
APPLY THE LAW
“The use of prosecutorial office when there is no charge is opening floodgates for people to be held in custody.
We should apply the law as it is,” said Mr Orengo.
The Siaya senator accused the police of having the journalist unlawfully detained and the fact that as of Monday, when he was presented before court, it was unclear what offence he was going to be charged with.
He pointed out that the police are allowed by law to bond people when conducting investigations against them and have them appear in court when required instead of having them unnecessarily detained.
PERIOD EXTENDED
“They (police) get the detention period extended whenever they rush to court.
That is playing around with the law yet there is a legal framework they are supposed to rely on,” said Mr Orengo.
Mr Havi protested against recordings which have been circulating on social media since Monday night, saying that the police had failed to conduct their work appropriately by allowing the journalist to be prosecuted online.
He asked the court to have the matter struck off and all stuff taken from him including his mobile phone, laptop, charger, flash disks and the clothes he had on at the time of arrest, returned.
But the Magistrate declined to have his items released and instead directed that the case be mentioned on June 28 for directions on the matter.
