A Nakuru court on Friday released Kabazi Ward representative Peter Mbae and eight others on a Sh200,000 bond over the Solai dam tragedy.
They are facing charges of incitement over compensation for victims.
Resident magistrate Vyonne Khatambi ruled that the police have not submitted sufficient evidence in their application to hold the suspects for 10 days.
“It could have been sufficient for the applicant to provide evidence to the allegations, but the police have no link on the allegations of arson, malicious damage and incitement to violence,” Khatambi said.
She ordered that the suspects be released on bond and a surety of the same amount.
“No public gathering should be held within the course of investigations. You should report to Menengai police station every Wednesday,” ruled the magistrate.
The suspects were arrested on January 30 at Solai in Kabazi ward and detained at Menengai police station.
Mbae has filed a constitutional petition 8/2018 before Justice Dalmas Ohungo seeking compensation for victims through lawyer Bernard Kipkoech.
Kipkoech said he had written to Solai dam owners to compensate the victims of the dam tragedy.
The lawyer asked the court to release the suspects on free bond because there were no charges against them.
The court slated the mention for February 11.
On May 8, 2018, 48 people were killed when the dam burst its banks.
Nine suspects, including the owner of the dam Perry Mansukh, have been charged with nine counts of manslaughter following the tragedy.
The suspects denied the charges and were freed on a Sh5 million bond.