By Wasike Elvis
Turkana South MP John Namoit Ariko, alongside eight other co-accused individuals, breathed a sigh of relief yesterday after being granted bail by an Eldoret court.
The group, charged with two counts, including the alleged assault of Turkana Governor Jeremiah Lomorukai’s son, was released on a cash bail of KSh 150,000 or a bond of KSh 300,000 each.
The accused, who were arrested and charged on Friday, had spent the weekend at Eldoret GK Remand Prison following their appearance before the court for plea-taking.
They were charged with assaulting the governor's son, Nimrod Ekamais Lomorukai, 22, at Cherina’s Homes in Turkana Central Sub-County on April 29, 2024. The accused also faced a second charge of conspiracy to defeat justice. All the accused persons pleaded not guilty to both charges.
In court, the accused were all smiles when their lawyer, Rarienda MP Otiende Amollo, who is also a prominent constitutional lawyer, made an impassioned plea for their release. Amollo, who represented the group, argued that they were entitled to bail as per their constitutional rights. "It is their right to be granted bond, and we urge the court to uphold this fundamental right," said Amollo, addressing the court.
The accused persons included prominent figures such as Peter Lokutuni, a former member of the Turkana County Assembly; bloggers David Loyopo and Jamostar Silale; local politician Bonfestars Ekale; senior pastor Joseph Elikipan; law enforcement officer Peter Kodet; Sammy Esinyen, a manager at NG-CDF Turkana South; and former MCA James Esinyen.
The assault charge alleges that the accused persons, together with others not present in court, inflicted bodily harm on the governor’s son, Nimrod Ekamais Lomokurai. The alleged incident occurred in April, sparking significant public interest in the case due to the involvement of high-profile individuals.
During the hearing, Ariko’s lawyer, Otiende Amollo, raised concerns about the jurisdiction of the case, questioning why it was being heard in Eldoret rather than Turkana, where the incident allegedly took place. “We are surprised that the case was brought here to Eldoret for trial when it occurred in Turkana. This is a matter of local jurisdiction,” Amollo remarked.
The defense lawyer also expressed concerns about the involvement of State Counsel Mark Mugun in the case, questioning his presence despite being transferred to Kitale by the Office of the Director of Public Prosecutions. "We do not understand what interest State Counsel Mugun has in this case, given his transfer to Kitale," Amollo pointed out.
In response, the prosecution, led by State Counsel Mugun, maintained that the case would proceed in Eldoret, and that all necessary steps were being taken in line with legal procedures.
Principal Magistrate Cheronoh Kesses, after hearing the arguments, granted the bail applications and set the next mention of the case for January 20, 2024.
The decision to release the accused on bail came as a relief to the accused and their supporters, who had gathered outside the court. The case has continued to attract attention due to the involvement of high-profile political and religious figures from Turkana County, and the public eagerly awaits further developments.
