Veteran lawyer, John Khaminwa, has moved to court to block the arrest of his client Kimilili MP-elect Didmus Barasa.
In court documents, Khaminwa sought to prevent the Directorate of Criminal Investigations and the Director of Public Prosecutions (DPP) from arresting his client.
Khaminwa stated that investigations have not been conducted but Barasa had already been painted as the perpetrator in the murder of an aide to his opponent.
"Mr Barasa has been branded a murderer without due process being followed, thus prejudicing his right to fair trial. The court, therefore, needs to grant him bail pending arrest," Khaminwa prayed.
DCI extended its manhunt for Barasa to neighbouring, Uganda after intelligence reports indicated that he was trying to flee the country.
Bungoma DCI boss told the press that police had received a tipoff that Barasa was spotted boarding a boda boda on his way to Uganda.
Earlier, the politician had been given 24 hours to surrender by Bungoma County Commissioner, Samuel Kimiti.
He is wanted over an incident where he allegedly shot dead an opponent's aide during a commotion at Chebukwabi polling station. He escaped shortly after the incident.
According to a police report, the incident occurred when DAP-Kenya party candidate Brian Khaemba toured the Chebukwabi polling station in order to witness the counting of votes. Accompanied by his aide and his driver, Khaemba crossed paths with Barasa.
Barasa suffered a major setback after the Independent and Boundaries Commission (IEBC) refused to hand over the election certificate to his representatives.
Kimilili Returning Officer, George Omondi, insisted that the MP, who went into hiding days ago had to present himself at the tallying centre physically.
A police report indicated that Barasa followed his opponent and allegedly opened fire, killing the politician's aide, Brian Olunga.
"Hon. Didmus Barasa withdrew a pistol and aimed at Khaemba's aide namely Brian Olunga and shot him on the forehead where profusely bled," read part of the police report.
Olunga succumbed to injuries on the way to Kimilili sub-county hospital. Bungoma County police boss Kimiti gave the politician 24 hours to surrender to the police.
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