Nairobi Jubilee Party gubernatorial Aspirant Margaret Wanjiru got a reprieve Friday after the high court released her on Sh100,000 cash bail reversing the lower court decision that had detained her for five days.
Justice Ngenye Macharia also reviewed the cash bail terms from sh 500,000 to Sh100,000.
Bishop Margaret Wanjiru moved to the High Court after the chief magistrate Francis Andayi ordered that she be detained for five days for police to conclude investigations.
The former Starehe MP had been charged with malicious damage to property and creating disturbance contrary to the law.
She allegedly destroyed four ballot boxes and assorted ballot papers all valued at Sh30,000 the property of Jubilee on April 26 at City Park market which was Jubilee polling station jointly with others who were not before the court.
The prosecution made an application to detain her claiming that she was an influential member of the society and there was a high likelihood of her influencing and intimidating the potential witnesses who were yet to record their statements.
Andayi directed that she be detained at Kileleshwa Police Station for one day until she provide medical records that she is ailing failure to which she be taken to remand prison.
This prompted Wanjiru to move to the High Court claiming that the orders given by the lower court infringed on her person fundamental rights
Through her lawyer, Kennedy Ochieng, Wanjiru argued that the orders given were not applied for in the first place by the prosecution and were detrimental to the accused person’s right to fair trial.
“The said order also set a dangerous percent of a court not only granting orders that are sought got but also allows detention without trial ostensibly to carry out investigations,” said the lawyer.
Justice Ngenye allowed the application noting that the magistrate erred in his ruling and directed she released on Sh100,000 cash bail.