Nairobi county speaker Benson Mutura claims his arrest and prosecution are related to his relationship with Deputy President William Ruto and the UDA party.
Through his lawyer Dancan Okach, the speaker told Nairobi Senior Principal Magistrate Esther Kimilu that Mutura charges are politically motivated.
"If you pass by the gates of the deputy president's office in Karen you are a subject of prosecution," lawyer Okach told the court.
Okach also asked the court to defer plea taking based on orders issued by the High Court on April 21 stopping any arrest and pursuing the complaint pending a hearing of the suit at the constitutional court.
However, the prosecuting counsel Anderson Gikunda objected to the application to defer the plea claiming that high court orders by Justice Anthony Mrima does not stop the prosecution of the legislator.
"I have carefully looked at the high court order and there is no stay preventing this honourable court from prosecuting the accused," Gikunda said.
According to the charge presented before the court, Mutura is facing charges of stealing Ksh 5M.
He is alleged to have committed the offence on diverse dates between February 1 2021 and February 28 2022 in Nairobi City County.
Mutura is alleged that being the speaker of the County Assembly he stole Ksh5,348,984 worth of the property of the County Government of Nairobi which came into possession by virtue of his employment.
The Magistrate has released the legislator on bond and bail pending proper interpretation of the orders in the application before the high court.
"I have considered the application and the orders granted by Justice Mrima indeed the prayer number two is not clear on the wording. The accused had already surrendered himself to the DCI, the charges had already been drafted, however, I will grant the accused person a bond of Ksh1M or cash bail of Ksh500,000 pending proper interpretation of the high court order," the magistrate ruled.
The case will be mentioned on May 16.