Nairobi — Health minister Charity Ngilu was Thursday night arrested, hours after she was questioned by CID over an incident in which a suspect was freed from police custody in Nairobi.

Her lawyer, Mr Paul Muite, who had accompanied her to CID headquarters on Kiambu Road, announced the arrest after six hours of questioning. Her official driver, a policewoman, was also being questioned last night.

The minister was informed of the arrest by deputy CID director, Mr Gabriel Amata.

Said Mr Muite: "He informed us that the police would hold the minister overnight. We tried to enquire if she would be presented in court tomorrow (today) but apparently there was no answer."

Reports indicated that there were plans to release the minister later in the night.

He added: "We will do anything possible tonight so that she goes to court in the morning. We hope those giving the orders will be available to do so."

According to Mr Muite, Mrs Ngilu was arrested at around 7.35pm, much later after she had finished writing the statement.

At the CID headquarters, Mrs Ngilu was received by the CID boss Gatiba Karanja before being handed over to Mr Amata.

"After the statement, we had to wait as we were being taken round in circles until when we were informed of the arrest," Mr Muite said.

He also took issue with the manner in which the minister was summoned. "She received information from her PS that she was needed to record a statement, yet Section 22 of the Police Act which demands that the police to issue summons in writing indicating the nature of investigation and offence committed."

After learning of the arrest, Ms Ann Njogu who had been at CID headquarters broke down in tears. She is the activist that Mrs Ngilu rescued from the police station after the minister allegedly found officers dragging her down stairs while beating her.

If Mrs Ngilu is taken to court, she will become the third minister to be charged.

This is after the Dr Zachary Onyonka was charged with murder following the killing of a supporter of an opponent during the 1974 election campaigns.

Former Minister Samuel arap Ng'eny was taken to court by the Kenya Anti Corruption Authority over allegations involving transactions at the Kenya Posts and Telecommunications Corporation when he was the boss. He was later discharged by the court.

Mrs Ngilu's arrest was condemned by Lang'ata MP Raila Odinga who saw it as a move meant to force her to surrender the Narc certificate.

Her lawyers were last night preparing to go to court this morning to apply for her release.

Mrs Ngilu and Mr Muite had arrived at CID headquarters at 2 pm, in separate cars. But when Mr Muite tried to drive into the compound ahead of Mrs Ngilu, he was blocked by officers manning the gate and informed that only the Health minister would be allowed beyond the gate.

On arrival at CID headquarters, Mrs Ngilu and her group engaged police in arguments for about five minutes.

She insisted that she would only be questioned in the presence of her lawyer, Mr Muite. A compromise was reached and Mr Muite's car was allowed into the compound ahead of Mrs Ngilu's official limousine.

At about 3.30 pm, group of protesters arrived outside the gates and started clapping. They then displayed banners which called for the sacking of all MPs, including Mrs Ngilu, who is the MP for Kitui Central. The group then broke into song and dance. But moments later, a senior policeman ordered them to leave immediately.

He told them he had been instructed to disperse them but the group continued with their songs and dance.

Later, the officer summoned 20 policemen in riot gear to arrest the 10 demonstrators.

Those arrested included human rights activists Philo Ikonya and Kepta Ombati, who were in the group that arrived at CID headquarters waving placards and accusing the Government of condoning corruption. The suspects were later bundled into a police lorry and driven towards the city centre.

Earlier, there was commotion when the demonstrators led by former Nyeri MP Wanyiri Kihoro, political activist Tony Gachoka, former Transparency International official Mwalimu Mati, human rights activists Ann Njogu and Millicent Odhiambo and Kenya National Commission on Human Rights commissioner Hassan Omar forced their way into the CID headquarters.

The group said they wanted to record statements as witnesses following the summoning of Mrs Ngilu.

In a related development, the activists who had been arrested alongside Ms Njogu appeared in a Nairobi court yesterday, accused of taking part in an illegal assembly but were set free.