BY SAM ALFAN.
A Nairobi Court has barred the police from arresting Dagoreti North MP Simba Arati who is accused of fueling tribal clashes in Kawangware.
The legislator got a temporary reprieve after pleading with the court that there was an imminent threat of his arrest.
Mr Arati was accused by Kawangware residents as being the instigator of the violence, destruction of property and breach of peace.
He told the court today that he was in hospital when he saw on media and his social networks the unrest in his constituency.
High Court judge Chacha Mwita found reason to intervene saying that indeed Arati is hospitalized and arresting him will be a violation of his fundamental rights.
Thereby second term MP said the impending arrest is arbitrarily, unlawful and malicious and an abuse of police powers, office and the due process of the law.
He told the court that he has not been questioned or investigated for the intended arrest on the pretext that the he is the instigator of the state of unrest, destruction of property and breach of peace experienced at Kawagware area.
“I am being sort for by police who have tirelessly and continuously been visiting and calling the hospital, my home, constituency office and my favorite social spots,” he claims.
Arati however said that he will cooperate with the police and court on any investigations to the best of his ability.
“The applicant as well undertakes to produce himself in court or to the police station as and when directed by this court, “he said.
Mr Arati also wants the court to grant him anticipatory bail pending arrest and charge if any.
He claims that on October 27 2017 at around 5pm while at the hospital bed, he learnt of the unrest and turbulence within Dagoretti North Constituency.
“Owing to my immobility at that time, I used social media to try and reach out to my supporter’s calling for peace and harmony amongst all my constituents,” he says.