Anwar Loitiptip was arrested for allegedly shooting a woman in Nanyuki
Lamu Senator Anwar Loitiptip was yesterday arraigned before Nanyuki law courts on charges of causing grievous harm to 32-year-old Joy Makena.
Loitiptip, who risks life imprisonment if convicted, appeared before Resident Magistrate Vincent Masivo but did not plead to the charges.
Section 234 of the Penal Code states: “Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life.”
The senator on Sunday morning is said to have shot and seriously injured Makena at the Kanu Grounds in Nanyuki town following a scuffle before he disappeared to unknown destination.
The senator appeared in court in a black hood and dark glasses and was represented by lawyers JM Mwangi and Mose Wachira.
The prosecution side led by Jackson Motende requested the court to detain him for five more days to allow detectives complete investigations and also to access the CCTV footage.
The prosecution also informed the court that the victim was yet to be issued with a police medical examination report (P3 form).
The Anwar’s lawyers however opposed the application stating that all Kenyans must be given an opportunity to bail themselves, adding that the reasons given by the prosecution were not convincing enough to warrant the detention of the accused.
The lawyers further pleaded with the court to release the senator since he had tested positive for Covid-19.
The prosecution, however, opposed those grounds, warning that the Lamu Senator could influence the investigations once he is released.
However, Wachira told the court that the Senator was not a flight risk as he had presented himself at the Laikipia police station following the shooting.
In his ruling, the magidstrate ordered that the accused be released on a cash bail of Sh500,000 or a bond of Sh1 million.
“I have considered Article 49 of the constitution that gives room for accused persons to be granted bail.
I find no reason for the accused to be detained the prosecution did not convince court.
The accused must present himself after every two days to the Directorate of Criminal Investigations,” Magistrate Masivo then ruled.
Article 49(h) of the Constitution states that an accused person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
The case will be mentioned on November 1.
Police said the senator, shot the victim at close range on the right leg above the ankle.
He then fled the scene leaving behind his bodyguard and other supporters to attend to the injured woman.
The victim was rushed to the Nanyuki Teaching and Referral Hospital where she is admitted in stable condition.
Detectives visited the scene and recovered two spent cartridges and two bullet heads which are expected to be taken for ballistic analysis.
The officers also tracked down his bodyguard, Constable Manoah Omale, who was disarmed of his pistol loaded with 13 rounds of ammunition.
The senator is not new to drama. In 2019, Loitiptip and his lover Agnes Saumu Mbuvi were injured following an attack by unknown people in Kasarani, Nairobi, as they were leaving a club.
In May last year, Loitiptip father, David Kiwaka, was allegedly shot and seriously injured by a police officer at Doldol police station in Laikipia County.
The father was shot on the leg by the police who were trying to forcefully arrest him for failing to wear a face mask.