Court Issues Orders Blocking Arrest of MP Simba Arati over Kawangware Violence

The High Court has issued orders blocking the arrest of Dagoretti North Member of Parliament Simba Arati.

The MP obtained the orders after learning that the state was planning to arrest him in connection with violence and destruction of property in Nairobi's Kawangware estate a day after the October 26th repeat presidential election. Three people lost their lives during the mayhem.

High Court judge Justice Enoch Chacha Mwita issued the orders pending the hearing and determination of a case in which Arati's lawyer James Orengo sued the Inspector-general of police Joseph Boinnet and the Director of Public Prosecutions (DPP) Keriako Tobiko over the MP's imminent arrest and prosecution.

Judge Chacha certified the case as urgent and ordered parties to appear before him next Friday for further directions.

Arati alleges that the two have been trying to arrest him over the violence in Kawangware, which erupted after Independent Electoral and Boundaries Commission (IEBC) announced President Uhuru Kenyatta the winner of the October 26th repeat presidential election.

Arati's lawyer James Orengo told the court that his client has been admitted at the hospital, but police officers have been making visits to the hospital, his home and social places he frequents. Orengo also argues that impending arrest is unlawful as no questioning or any probe has been done regarding the said allegations.

“Unless this matter is heard expeditiously and orders granted, police officers are likely to arrest and remove him from hospital and place him in custody unlawfully,” said Orengo.

“No impartial investigations have been undertaken yet the sued parties are merely reacting to political pressure and following politically instigated commands,” added Orengo.

He says Arati has been exposed to untold mental and psychological torture as a result of the actions by the authorities.

He asks the court to permanently bar the IG and the DPP permanently from intimidating and arresting him.