High Court has temporarily halted the arrest of Meru County Senator Mithika Linturi over fraud charges.
Justice Weldon Korir made the ruling on Tuesday, May 11 stopping the Office of the Director of Public Prosecution(ODPP) from arresting Linturi.
The lawmaker was to make the first appearance in court on Wednesday, May 12, but challenged the move in court, prompting the court to issue temporary orders.
Linturi was arrested momentarily on April 28 by detectives from the Directorate of Criminal Investigations (DCI), during Senate’s special sitting just before the BBI Bill debate kicked off. According to DPP, Linturi is facing up to 37 charges of fraud.
His arrest diverted the BBI Bill debate into speculations of what had transpired, causing Speaker Kenneth Lusaka to adjourn the sitting for a while.
“This is very serious and because of the gravity of the matter, I am suspending the House for 30 minutes during which time I will use to find out what exactly has happened. And even after we find out, I want to direct the committee on National Security to get into this matter as a deterrent so that this does not happen to any other member,” Lusaka said.
On May 7, Interior CS Fred Matiangi responded to Senate’s National Committee inquiry into Linturi’s arrest, saying that it was justified.
Linturi’s fraud allegations
Matiangi told the committee that “Senator Mithika was arrestedby DCI over a criminal case involving fraud. No malice was intended and everything was done within the precincts of the law.”
Matiangi further told the committee that the charges include giving false information to a person in public service, obtaining credit by false pretences and impersonation.
Linturi is also accused of abuse of office, fraudulent procuring of the registration documents, forgery and intent to defraud. According to Matiang’i, the mentioned allegations are criminal investigated and approved for prosecution and are not civil at all