Trans Nzoia County Assembly Deputy Speaker and Matisi Ward MCA Obed Mwale has been released unconditionally by the Kapenguria Law Courts after spending hours in police custody over allegations of financing criminal activities in Trans Nzoia County.

Mwale, who was arrested on Monday night, was presented before the court on Tuesday after the investigating officer sought additional time to detain him to allow for comprehensive investigations into the allegations before possible criminal charges could be preferred against him.

Appearing before Senior Resident Magistrate Kipchumba Kenei, the investigating officer told the court that Mwale was suspected of financing criminal activities and urged the court to grant the investigative team several days to complete its inquiries.

The officer argued that additional detention time was necessary to facilitate investigations and enable the authorities to establish whether there was sufficient evidence to prosecute the legislator.

However, Magistrate Kenei dismissed the application, ruling that the investigating team had failed to demonstrate sufficient grounds to justify the continued detention of the elected representative.

The magistrate observed that although the matter was of significant public interest, the court could not authorise further detention without adequate justification.

Kenei further noted that the prosecution had not established that Mwale posed a flight risk or a security threat, as alleged by the investigating officer.

In her ruling, the magistrate emphasised that Mwale’s position as an elected public official demonstrated his established community ties, making the possibility of him absconding an insufficient basis for continued detention.

“The respondent’s status as an elected public official further point to known community ties and consequently the risk of absconding cannot constitute a basis of continued detention,” Kenei stated.

The court ordered his unconditional release, adding that the dismissal of the detention application did not prevent investigative agencies and the Office of the Director of Public Prosecutions (ODPP) from pursuing the matter should sufficient grounds emerge.

Celebrating the ruling, Mwale’s lead counsel, Kennedy Egesa, welcomed the court’s decision, saying his client had been granted justice after investigators failed to provide compelling reasons to justify his continued detention.

Egesa questioned the circumstances surrounding his client’s arrest, particularly his transfer from Kitale to Kapenguria in neighbouring West Pokot County.

He wondered why Mwale had been arrested in Kitale, bundled into a vehicle and transported to Kapenguria for detention, instead of being held within Trans Nzoia County.

On his part, Mwale expressed relief following his release, saying he had been uncertain about his fate and the reasons behind his arrest.

He thanked his supporters for standing with him throughout the ordeal and praised those who raised the alarm about his whereabouts following his arrest.

His release marks a significant development in the unfolding matter, although the court’s decision does not bring investigations into the allegations to an end. Investigative agencies and the ODPP retain the mandate to pursue the matter in accordance with the law.

by Parklea Ivor