The ten suspects in the Machakos MCA assault case have all been released on bail.
The Machakos county askaris appeared before senior principal Magistrate James Omburah on Tuesday.
Omburah ordered that the suspects be released on Sh20,000 cash bail each with an alternative of Sh100,000 bond and surety of the same amount.
They include James Mwendwa Muindi, Albanus Muli Maluki, Joshua Kitolo Mutiso, David Ouma Otieno, Cliff Benson Kimeu, Simon Musembi Ndeto, Bonface Kioko Musyoka, Evans Mwambi Muthenya, Alex Wambua Musembi and Jeff Musyoki Mutangili.
The suspects accused of assaulting Boniface Maeke, the MCA for Kalama Ward, in the precincts of the Machakos Law courts on January 24 were arrested on the same day and have since been held at Machakos police station.
Omburah issued the orders following a bond term request application made by the defence lawyers before Machakos principal magistrate Mary Otindo.
Otindo last Friday granted the police request to hold the suspects at Machakos police station for five days pending the conclusion of investigations.
She directed that the suspects be returned to court today (Tuesday) for determination on their bond application.
The prosecution, however, told the court that they were yet to complete their investigations and hence needed to be granted more time.
Omburah granted the officers 14 more days to complete their investigations and ordered that all the suspects be presented to court on February 29, 2024.
He ordered that the suspects report to the officer investigating the case on Thursday at 9.00 am for further directives on when they should be reporting to the officers to help with the ongoing investigations.
The judge issued orders to the suspects to cooperate with the police officers until they were done with their investigations.
The suspect, Maeke, is yet to record a statement with the police.
"Take notice that the applicant, National Police Service, is undertaking investigations in relation to an offence of robbery with violence contrary to section 396 (2), assault causing actual bodily harm contrary to section 251 and creating a disturbance in a manner likely to cause a breach of peace contrary to Section 95(1) (b) of the penal code reported at Machakos police station via OB 42/31/2024," Court documents read in part.
The court earlier heard that on January 31, 2024, the complainant Boniface Maeke, the MCA for Kalama Ward, had attended Machakos Law courts where one of his colleagues had presented himself and when he was waiting for the session to begin at courtroom three, a group of people got hold of him and dragged him towards a waiting vehicle.
"He was stripped naked and sustained injuries on the left leg ankle, left hand, ribs and his private parts and at the time of the incident he alleged to have been robbed of his wallet, Sh100,000 in cash and a mobile phone of Samsung make valued at Sh150, 000," the Prosecution stated.
The commotion disrupted court operations as the MCA was being rescued by members of the public who were streaming into court premises.
The Prosecution stated in court documents that the complainant was rescued and reported the matter at Machakos Police Station and later rushed to Bristol Park Hospital where he was later referred to Nairobi Hospital.
Upon investigations, it was established that the people who attacked the complainant were inspectorate officers of the County Government of Machakos.
"They were arrested within Machakos town and others are pending arrest. The complainant is not in a position to record a comprehensive statement because of his condition. He is undergoing medication hence medical report is not ready," the Prosecution told the court.
The court also heard that an identification parade was yet to be conducted at Machakos Police Station.
The Prosecution said witness statements had also not been recorded and if the respondents were to be released, they would likely interfere with investigations.
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