Korogocho MCA Absalom Odhiambo has been released on a Ksh100,000 cash bail following his arrest over incitement to violence.

The legislator appeared before Nairobi Chief Magistrate Lukas Onyina on Monday and pleaded not guilty to two counts.

The MCA was arraigned last week; he, however, did not enter a plea as he challenged the charges and was released unconditionally.

The three-judge bench ordered Odhiambo to be discharged, ruling that the applicants had no legal grounds to arrest and detain Odhiambo according to section 96 (A) of the Penal Code.

“The applicant is essentially seeking orders from the court to detain the respondent to investigate the offence and so the court cannot provide aid to such an effort because the basis under which the application has been made is fundamentally flawed and the application has no legal legs to stand on and so there’s nothing for this court to determine at this stage,” the judge stated.

“The only option available is to dismiss the application for being ineffective for it is not based on legal provision. The respondent is consequently discharged...he should be set free.”

Odhiambo was arrested by Directorate of Criminal Investigations (DCI) officers three days after the National Cohesion and Integration Commission (NCIC) summoned him.

The DCI accused the MCA of ‘inciteful to violence’ remarks made during an Azimio la Umoja One Kenya Coalition rally at the Kamukunji Grounds last week.

“The applicant's advanced investigations have revealed that the respondent is a habitual character who wants to cause havoc on the Nation through his followers both from public address and social media,” the court was told on Tuesday.

“The investigator estimates that it will take 7 days to complete investigations and forward the investigations file to the ODPP for a decision to charge.” 

Following the ruling, the defendant's lawyer Danstan Omari welcomed the ruling saying the government was plotting to victimise politicians allied with the opposition.