The High Court has dismissed an application by Cord and Jubilee politicians for release on bail in their cases on hate remarks.
Justice Joseph Onguto said this on Wednesday but noted the reasons for the decision will be given at midday on Thursday.
This means the eight politicians who were arrested on Tuesday will remain in police cells until further orders are issued.
Among those arrested were Machakos Senator Johnson Muthama, Florence Mutua (Busia woman representative) and Aisha Jumwa (Kilifi woman representative)
Others were MPs Junet Mohamed (Suna East), Timothy Bosire (Kitutu Masaba), Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete) and Kimani Ngunjiri (Bahati)
The politicians had moved to court seeking release on bail contrary to a decision by a lower court.
Chief magistrate Daniel Ogembo denied them bail and ordered their detention for four days pending further investigations.
State counsel Leonard Maingi said the politicians should have filed an appeal or a review of the magistrates orders, not a new application at the High Court.
No food, change of clothes
The politicians said they were motivated to move to court after they were denied food at the various police stations they were taken to on Tuesday.
They said they were also denied water, medication and opportunities to see their spouses and relatives.
Jumwa and Mutua said they are mothers with young children yet have not been allowed to change their clothes, see their relatives or continue their duties as mothers.
The politicians want to be released on bail pending investigations. They argued that the court misapplied and improperly invoked article 49(1) (h) of the constitution.
The article states that arrested people have the right to be clearly informed of the reason for their arrest, to remain silent and the consequences of not keeping silent.
They also have the right to talk to advocates and others whose help is necessary. They are not to be forced to make admissions that could be used as evidence against them.
They are also to be separated from those serving sentences and should be taken to court as soon as possible, but not later than 20 hours after being arrested.
They lawmakers were detained at Muthangari, Kilileshwa, Kilimani, Pangani, Gigiri and Muthaiga police stations.
A corporal at Pangani told the Star on Wednesday they were instructed not to allow the politicians to see anyone.
“They will have to be sent away if they come,” the officer said. “They cannot be given food from relatives neither can they change their clothes.”
But the wives of the politicians at the station were allowed into the premises.
Former Lands CS Charity Ngilu and Senate Speaker Ekwee Ethuro were sent away from the station.
The case was the same at Muthaiga police station where Mutua and Jumwa are being held. But Cord leader Raila Odinga’s daughter was allowed to see the detainees.
A section of Cord MPs led by ODM chief whip Jakoyo Midiwo went to the station.
“We want to give them our moral support and wish them well,” said Midiwo.