The police asked the judge to keep journalist Cliff Onserio behind bars for three more days so they could finish their investigation. The judge agreed, so Onserio will spend Christmas behind bars.
Last week on Sunday, the Chief of Staff of Standard Media Group was taken into custody over the possession of a flash-bang grenade in the parking lot of the Holy Family Basilica church.
A squad made up of agents from various agencies that had responded to reports that there was a threat of terrorism at the cathedral took him into custody.
On Friday, the Anti-Terror Police Unit (ATPU) sought to be allowed ten additional days to finish investigations.
But Senior Resident Magistrate Oscar Wanyaga said there was no reason for the request and turned down the motion.
He said that even though the accusations were very serious, there was no reason to keep the suspect in jail longer than necessary if proof could be found much sooner.
"According to the law, you are required to release the person as soon as you realise there is no proof."
As soon as you locate proof, you immediately begin your pursuit. The presumption of innocence applies to accused parties until their guilt can be established.
"As a result, I cannot say that I am persuaded that there is a valid reason for ten days."
"As a consequence of this, taking into consideration the gravity of the situation as well as the interests of justice and public safety, I have decided to approve this request, but with one important caveat.
The magistrate came to a decision and said, "I will allow the police till December 29 to conclude their investigations."
Because of this, Onserio won't find out his destiny until Friday, December 30, when the court will decide whether or not there is sufficient evidence to charge him with an offense.
Since Monday and Tuesday have been proclaimed public holidays, Onserio won't know his fate until then.
Onserio was first brought before the Kahawa law courts on Monday, December 19, and the police requested that he be detained for a period of five days at that time.
According to an affidavit filed by Constable Vincent Mutai, the police found the explosive device in Onserio's car.
However, he could not give a good reason why he had the explosive device.
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