Former Nairobi Governor Mike Sonko will spend the weekend in police custody ahead of two rulings on his release next week.
This was after a court at Kamiti prisons that was hearing an application by the prosecution to hold him for 30 days differed the ruling to February 9.
That is the same day a Kiambu court is expected to make a ruling on his bail application in an assault case he is also facing.
Kahawa West chief magistrate Diana Kavedza ordered that Sonko be detained at Gigiri police cells ahead of her ruling.
His defense team opposed the application by the prosecution citing contempt of court and jurisdiction of the matter.
This is because the officers had driven with him to the Kahawa West court instead of Gigiri police cells as had earlier been directed.
The lawyers led by John Khaminwa, Assa Nyakundi, Evans Ondieki and Alfred Nyamu said the move by police amounted to abuse of power.
Khaminwa tabled several books on law asking the magistrate to read them as he argued for the release of Sonko.
Kavedza said she agreed with Khaminwa that terrorism is not a simple case and there will be confusion if the case proceeds before the Kiambu court makes a ruling on bail applied for by the accused in a different matter.
“I do not feel the accused has had enough time to prepare. The court is adjourned till February 9 in the afternoon,” the magistrate said.
Separately, Sonko’s two bodyguards Clifford Ouko and Benjamin Ochieng were charged in the Kahawa West court for attempting to rescue him.
The prosecution wanted to have the two detained for 30 days pending investigation into the matter.
They were arrested on February 3 outside Kamiti where they allegedly planned the rescue. An affidavit by police said they recovered military uniforms, SIM cards, a laptop, and assorted mobile phones from the two.
Inspector Ezekiel Luley of the Anti-Terrorism Police Unit swore an affidavit saying the two have been wearing military attire against the law.
Luley said the two planned to attack parts of the country and cause mayhem. The magistrate was set to rule on the néw case later in the evening.
Sonko’s attempts to be released by a Kiambu court failed after a magistrate who was to issue a determination for his bail application failed to show up.
The ruling that was to be issued by Kiambu chief magistrate Stella Atambo was postponed until February 9.
This means he will stay in police custody for five more nights. Sonko, who is facing multiple assault charges, spent Wednesday night at the Gigiri police station.
The magistrate said she was not ready and had not had enough time to compile the ruling.
Sonko had been taken to court in readiness for the ruling.
The officers guarding him drove back with him before they showed up at the Kamiti court at about 2.40 pm.
The Judiciary had last year opened the Kahawa West Law court which is within Kamiti prison.
The project was funded by the government of the United States of America with support from the UK government.
It is the first and largest court in Kenya dedicated to counter-terrorism cases and related high-risk cases.
Sonko is being guarded by officers from Anti-Terrorism Police Unit which deals with terrorism suspects. In the new case, police are accusing him of recruiting a militia which is likely to destabilize security.
According to an affidavit sworn by ATPU chief inspector Newton Thimangu, the former governor has been wearing military attire that is associated with terror groups who pose a national security threat to the sovereignty of the country.
He said there was a need to have the suspect detained for comprehensive investigations.
“The suspect herein has started arming his private security agents with full military attire namely military boots, military jungle uniforms, and firearms. The suspect who was in the company of an unknown person had worn militia attire and together with the suspect they were both spotted in public in the full glare of the media and in front of a huge mass of people in a public rally,” the affidavit reads.
Thimangu said had intelligence information that Sonko was connected to the financing of terrorism activities and was in the advanced stage of procuring arms and ammunition using a wide syndicate that is complex and sophisticated.
He said coded signal portray that the militia are ready and that they will be armed to create a threat to the citizens through triggering acts of war.
“It will be in the best interest that this court finds it prudent to grant custodial detention period of 30 days to enable investigations relating to this intelligence information to be thoroughly undertaken with a view of preventing, intercepting and or interrupting the criminal understandings by the suspect and his associates to forestall imminent danger,” the affidavit says.