The Court has released the NRM self proclaimed general
Miguna Miguna. Justice Kimaru said that the anticipatory bail order that was
given to Miguna will still apply if he was not charged
If the court in Kajiado has charged him Miguna shall still
be released with a cash bail of an amount not exceeding Sh50000.
Justice Kimaru agreed with the applicants that the DCI
and the IG breached the law as it is not within their mandate to determine the
legality of a court order.
The mandate of the police is to enforce orders and failure
to release Miguna after a court order was a breach and as Public servants they
should serve as an example and not breach the law.
Rarieda Member of Parliament Otiende Amollo raised concern
that if Miguna is not presented in court to be released he may end up being
unlawfully detained as was the case following the previous order. Justice Luka
Kimaru assured the accused person counsel that he would stay at the court room
until the arrival of Miguna in order for him to be released.
