Nandi Hills Member of Parliament Alfred Keter and URP Nominated MP Sonia Birdi have moved to court to block their arrest or prosecution over the Gilgil Weighbridge saga after Director of Public Prosecutions (DPP) Keriako Tobiko approved their charges.
The two legislators have been accused of engaging in corruption related activities.
They want the court to direct that they had not committed an offence that necessitates their arrest and arraigning in court.
Through their lawyer Okongo Omogeni, they argued before Justice Mumbi Ngugi that EACC can only charge them under the Anti- Corruption and Economic Crimes Act.
The court heard that the petitioners can only be disciplined under the leadership and integrity grounds which can be instituted by Parliament.
“It’s only Parliament through the Speaker of the National Assembly who has the power to institute disciplinary proceedings against the petitioners,” Omogeni told the court.
Justice Ngugi heard that the intended prosecution is merely political and discriminatory in nature and only meant to embarrass them.
The court ordered that the matter be heard on Monday 18 and that the application be served to EACC and the Director of Public Prosecutions. She also directed that if the petitioners are summoned by either EACC or police, they should present themselves.
Their woes started on January 25 when a video footage which was widely circulated on social media, exposed Keter hurling insults to police officers at the Weighbridge.
“We are the Government…the County commissioner, the OCPD has called but no one answered…who do you think you are?” he was heard asking.
Despite the efforts by the police officer to explain they were acting on the law, the MP could not hear a single word.
“We will reverse the law… who is the owner of this company?” he is heard asking the officials there. “We are waiting to hear from whom? …Jesus Christ to call you?”
He was heard alleging that senior government officials had tried to contact the weighbridge for the same without success.
“Whoever has that contract will lose it…I don’t fight small battles…you will lose your jobs tomorrow.”