MP risks life in jail on Syokimau police post arson attack charges

Mavoko MP Patrick Makau faces life imprisonment after police charged him with arson following the burning of a police post, which had been marked as a crime scene.

Mr Makau was also charged with incitement to violence, disobedience of the law and destruction of evidence.

The MP was denied anticipatory bail at the High Court in Nairobi where Justice Luka Kimaru directed police to escort him to the chief magistrate’s court in Machakos to face the charges.

“The applicant has surrendered himself to the police. He is within the court precinct. The prosecution indicates that after being processed, he will be charged as investigations have been completed,” the judge said.

He made an order that “plea must be taken today (Monday) after the applicant’s finger prints and other processes have been completed by the police”.

“The applicant shall be at liberty to apply for bail before the court that will take plea,” Mr Justice Kimaru ruled after declining to issue bond terms that lawyers had sought for the MP.

The judge said he “cannot dictate to the trial court what bail terms it should impose on the applicant”.

“He is ably represented and shall be able to make his case before the chief magistrate’s court in Machakos,” he said.

Mr Justice Kimaru added that if the MP is not granted bail or the terms imposed are “unreasonable” he shall be at liberty to make an appropriate application before the High Court sitting in Machakos.

Chief Inspector Isaiah Mwiranga, who is investigating the case, stated in an affidavit filed over the case that the MP led a group of boda boda riders to the Syokimau AP post.

“That on arrival at the AP post, the applicant addressed the mob in Kamba and Swahili languages and was heard using the term ‘vivia’ and also repeating in Swahili saying ‘choma’ and the crowd obeyed him and set four container rooms used as a temporary cell, a residential house, a report office and store on fire,” the affidavit reads.

Mr Mwiranga claims in the affidavit that uniforms, stationery and personal items valued at Sh500,000 were destroyed.

The container in question is believed to have been where the late human rights lawyer Willie Kimani, his client and a taxi driver were held captive after being abducted as they left Mavoko Law Courts on June 23  before they were found dead.

“The burnt AP post was providing security to Syokimau residents who are now suffering,” Mr Mwiranga states in the affidavit.

He said the containers had been secured as an exhibit in a murder case, which is pending before the Milimani High Court in Nairobi.