Machakos, Kenya โ June 27, 2025
Isiolo County Assembly Speaker Hon. Mohamed Roba Qoto has secured a reprieve from the High Court in Machakos, which granted him anticipatory bail to forestall a looming arrest.
Justice Noel Adagi issued the ruling following an urgent application filed on June 24, 2025, by Qoto through his lawyer, renowned criminal defence advocate Danstan Omari. The application sought to protect the Speaker from what he described as an unlawful arrest threat tied to his role in the Isiolo County Government.
In her decision, Justice Adagi said the court was satisfied that Qoto had demonstrated that his constitutional rights, particularly those enshrined in Article 23 of the 2010 Constitution, were under imminent threat. While noting that courts cannot bar police or prosecutors from charging individuals, she ruled that anticipatory bail could be granted to relieve mental anguish in such situations.
The court ordered that Qoto deposit Kshs. 100,000 as cash bail by the close of business on June 27. In addition, he must report to the Officer Commanding Station (OCS) at Isiolo Police Station every two weeks until a formal charge, if any, is filed. The prosecution has 90 days to present a charge, after which the Speaker will be required to take a plea in court. If no charge is filed, the bail will be refunded.
โPending the payment into court of the cash bail herein granted, the Applicant shall not be arrested in connection with the anticipated offence,โ Justice Adagi stated in the ruling.
The court also noted that the respondent, the Director of Criminal Investigation, had been duly served but did not appear in court to oppose the application.
