Former Nairobi Governor Mike Sonko wants the High Court to order his immediate release from police custody, where he has been since last week.
In a petition filed on Wednesday, he has asked the court to issue conservatory orders for release from what he terms ‘illegal detention’ pending the hearing of his case.
Through lawyer John Khaminwa, Sonko says he has been subjected to psychological, mental, and physical torture which is tantamount to inhuman and degrading treatment.
“The continued illegal detention violates and continues to violate my freedoms and security as entrenched in the Constitution,” the court papers read.
According to court documents, the state has been driven by impunity, malice, and bad faith, and has brought all sorts of frivolous cases that are baseless and unfounded to continue holding him.
“I’m aware that the state with malice and intent to persecute me has resurrected criminal cases which had collapsed in 1998 through to 2001,” he says.
Khaminwa says some of these cases were nullified by Criminal Appeal 80 of 2001 by Justice Oguk J, now deceased.
“I am aware that the rapid succession of these cases that were instituted with military efficiency never seen before is a clear indication that this is a political persecution,” he says.
Sonko says it will be an abuse of the criminal justice system and against public interest and legally frivolous to resurrect cases that they have ignored for more than 20 years.
The former governor says he angered certain individuals at a recent rally and that’s why he was arrested.
“My comments were meant to enlighten the Kenyan public with respect to the characteristics of those people who were holding the public and state offices.”
Khaminwa says his client has been denied the opportunity to ventilate his case.
Sonko says that in addition to resurrecting old cases, they have also activated new cases of assault, forcible entry and terrorism, which are frivolous and only meant to achieve a particular outcome.
The former governor says the state wants to use these cases to detain him for more than 30 days, arguing that he was spotted wearing a military fatigue uniform.
“These clothes are easily available at Gikomba, Eastleigh, Mutindwa, Ngara, and Kenyatta Markets,” he says.
Sonko says it’s absurd that he is being accused of conducting acts of terrorism when he was being protected by police officers at that time.
“In August 2017 after I was elected governor, the state enhanced my safety by deploying up to 20 bodyguards, including two officers from the Recce Squad who ordinarily protect the President,” he says.