Kakamega — The High Court in Kakamega has freed Kimilili MP-elect Didmus Barasa on a Sh10 million bond in a case where he is charged with the murder of his opponent's aide.
He had pleaded not guilty to shooting Brian Odinga Olunga dead during the August 9 election.
Justice Patrick Otieno warned the MP that his bond would be revoked should he flout a string of tough conditions that accompanied the bond.
"Being an immediate former MP and MP-elect he has influence and sway in Kimilili and the larger Bungoma county where the offence occurred. For the protection of witnesses, their families and friends he must surrender his guns and passport to DCI within 48 hours," the judge stated.
Otieno further ordered that the MP elect not visit Bungoma until 23 witnesses against him have recorded statements against him.
"In the period pending the determination of the case Barasa is also not allowed to contact witnesses," he stated.
"He must also not make comment on proceedings of this case in funerals on radio, TV or any public events. Any violation shall lead to bond cancellation."
Family lawyer Charles Matete said he was happy with the bond terms, including giving the State the privilege to censor the names of witnesses against Barasa when giving their court papers to the MP elect lawyers.
The lawyers successfully managed to convince the Court to allow the MP elect access to his home in Kimilili to get personal effects and even his certificate from the Independent Electoral and Boundaries Commission (IEBC), Bungoma for winning the Kimilili parliamentary seat.
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"He may visit the constituency for three hours on a date to be arranged between the DCI and his lawyers. He may however not have the right to address more than five people during the visit," said Otieno Wednesday afternoon.
At the time of death, Olunga, 21, was a bodyguard to Brian Khaemba, who was vying for the Kimilili parliamentary seat on DAP-K ticket against Barasa.
State lawyers Peter Kiprop and Grace Mukangu had argued that the MP was facing a serious offence and deserved tough bond terms to ensure he attended court and did not mess with any of the witnesses.
"He carries considerable influence especially in Kimilili where the offence happened. We pray that if the court grants him bail, he subsequently surrenders his gun, passport and pledges not to interfere or contact witnesses in the case," Mukangu stated.
The case is set for mention on November 14.
