Member of County Assembly Korogocho ward has been released unconditionally by the court.
Trial magistrate Gilbert Shikwe found and held the preliminary objections raised by the MCA’s counsel that the application seeking custodial orders was brought under nonexisting laws.
The magistrate said the application was defective and the orders sought cannot be issued.
He said section 96 (a) under which the applications were brought were declared unconstitutional by three judges, justice Jessi Lesit, Lucas Kimaru, and John Mativo who now have since been promoted to Court of Appeal.
In their judgement they directed the Attorney General to prepare an ammendment to that section and present the same to Parliament for enactment.
The order was issued in the issued in 2020, the AG has not complied with same.
The MCA was represented by a battery of lawyers led by Danstan Omari, Gregory Ndege,Samson Nyaberi ,Shadrack Wambui and Martina Swiga.
By Rodgers Oduor