Blogger Robert Alai yesterday won the first round of a nasty legal battle that is pitting him against President Uhuru over a twitter post.
Yesterday, the prosecution had applied for Mr Alai to be denied bail until the case is heard and determined, the implication of which would have been that Alai would have spent the rest of time in police custody in a case that will take months, even years, to be determined.
The presiding magistrate declined to allow the request by the prosecution, ruling that the offense Mr Alai is charged with is ‘bailable’ within the constitution.
The magistrate then ruled that Mr. Alai to deposit a bail of Ksh. 200,000 cash bail or ksh 300,000 police bond.
While opposing bail, senior state counsel Dr Maingi maintained that Mr Alai is likely to repeat the same offense and that he is also facing a similar charge of hate speech in another court. However, the lawyer for Mr Alai informed the court no court has found Mr Alai guilty and that he has recently been acquitted of a similar charge.
Siaya Senator James Orengo, also a counsel for Mr Alai urged the prosecution to treat their case on his client seriously, claiming that the police had detained his client without any charges.
The case has been adjourned till April next year.