Kilifi South Member of Parliament (MP) Ken Chonga and three others have been released on bond by the court following their arrest in connection with the anti-government demonstrations last week.
Chonga, Kilifi Assembly Speaker Teddy Mwambire and two of their aides were freed after spending five days in custody at the Shimo La Tewa G.K prison.
Mombasa Chief Magistrate Martha Mutuku ordered each of the accused persons to be released on a bond of Ksh100,000 with the alternative Ksh50,000 cash bail.
The magistrate ruled that the suspects could not be deprived of their liberty based on flimsy reasons.
Mutuku noted that the four were not in a position to interfere or threaten the witnesses as alleged by the state once released on bond.
"The prosecution did not advance compelling reasons to support the curtailing of the suspects’ freedom," the magistrate ruled.
"The application to deny bond is not merited. Therefore, the accused persons shall each execute bond of Ksh100,000 , with a surety of a similar sum, or on the alternative cash bail of Ksh50, 000 each,” she added.
The magistrate pointed out that the alleged attempts to intimidate, interfere with or compromise the witnesses as submitted by the state has not been materially shown, therefore the allegations remains mere speculation.
“The court must desist from making conclusions on guilt of the accused before trial and conviction,” she said.
The magistrate also noted that an accused person is presumed innocent until proven guilty therefore such a person’s liberty should not be deprived over flimsy reasons.
Chonga and Mwambire were charged together with former Mptepeni MCA Victor Katana Mwaganga and Patrick Chiro Charo for participating in the demonstration called by Azimio La Umoja Coalition.
They were charged with the offence of participating in unlawful assembly.
They are alleged to have taken part in a procession (maandamano) and chanted antigovernment slogans thereby causing members of the public to reasonably fear that they were assembling to commit a breach of peace.
The suspects have however denied the charge that the state alleges they committed on July 19, at Mtwapa area in Kilifi county.
The leaders were arrested on Wednesday last week while demonstrating together with their supporters in Mtwapa.
The police claimed that they had not issued a notification before commencing the demonstration as required by law hence their actions amounted to an illegality.
The prosecution had wished the suspects be detained until their trial is concluded.
The state through State counsel Alex Gituma had Informed court that if the suspects were granted bail, they would interfere with witnesses. It was also feared that they would continue with demonstration hence endangering lives and property.
The case will be mentioned on October 7.
