Kisumu Senator Fred Outa and former Deputy Governor Ruth Odinga risk arrest after the High Court declined to grant them anticipatory bail, following threats of arrest.
Security agencies had threatened to arrest them following alleged disruption of a training session of the electoral commission’s poll officials on Tuesday.
Though lawyer Ken Amondi, the duo moved to court to seek anticipatory bail pending any threatened arrest or charge by the government.
But Justice David Majanja, sitting in Kisumu, on Thursday declined to grant the orders arguing he would only listen to the application if the two applicants are present in court.
He said they must come to court on Monday for the hearing of the application before any order is issued.
“They must physically be present in court before we proceed with the matter,” Justice Majanja stated.
Lawyer Amondi had told the court that his clients were out of town and could not appear before it on Thursday.
On Thursday, several aides said since threats of their arrest were issued.
In Nairobi, Homa Bay Woman Representative Gladys Wanga will not be arrested following the decision to summon her to appear before the Director of Criminal Investigations.
Justice Enoch Chacha Mwita issued the temporary reprieve order after Ms Wanga moved to court to stop her impending arrest.
Through lawyer Nelson Havi, together with four other National Super Alliance (Nasa) legislators, she sued the Inspector General of Police, the Director of Public Prosecutions and Acting Interior Cabinet Secretary Dr Fred Matiang’i.
The said legislators are Janet Ongera, Samuel Atandi, Caleb Hamisi and Anthony Oluoch.
Ms Wanga was summoned by DCI on Tuesday over offensive conduct touching on breach of peace.
“Pending the hearing and determination of this case, a conservatory order is hereby issued herein staying and quashing the implementation or directive of the DPP whose effect is the arrest of Ms Wanga or any other leader from their lawful duties,” said the judge.
She had been ordered to appear at the DCI on Thursday to help police with investigations.
The summons came after she declined to appear before the National Cohesion and Integration Commission (NCIC) until the complainant and the offence she is accused of was revealed.
She is accused of making claims touching on the public conduct of President Uhuru Kenyatta. However, she has publicly denied this allegation.
Kisumu Chief of Staff said they had been arrested.