When it came to light that Nairobi Governor Mike Sonko had been taken to Kamiti Maximum Prison - reserved for hard-core criminals - after his bail hearing was postponed, many were surprised.
Many had thought the governor would spend an extra two nights being remanded at Industrial Area before appearing in court on Wednesday at 11am to know the fate of his bail request.
Sonko, however, spent only a few hours at Kamiti before he was rushed to Kenyatta National Hospital for medical treatment.
Criminal lawyer John-Lewis Onkendi of Onkendi Ombiro Advocates on Tuesday said that ideally, the law states that anyone standing trial and not yet convicted should be detained near the court he or she appeared in.
"This is to make it easier for the accused to appear in court and family to visit," Onkendi said.
For Sonko however, Onkendi said the prosecutors argued he is a flight risk who needed to be detained at a maximum security prison.
"Sonko was once accused of escaping from jail; Kamiti is a maximum security prison hence the security is superlative compared to Industrial Area. He will not get out of there," he said.
The DPP, represented by Gitonga Riungu and James Kihara, on Monday opposed Sonko's release on bail citing he had escaped prison before.
The prosecutor cited an incident on March 12, 1998 where Sonko was convicted for failing to appear in court over three cases in Mombasa.
He was to pay a fine of Sh500,000 in the first case and Sh200,000 in the second case.
In default, he was to serve six months imprisonment for each case.
Kihara quoted the Commissioner of Prisons who said while Sonko was at Shimo La Tewa Prison, he sought treatment at the Coast General Hospital after which escaped from lawful custody.
He was then arrested after a signal was sent from Shimo La Tewa Prison.
Kihara, through an affidavit, said there is evidence that Sonko has a pending criminal case in Mombasa from 2001.
Despite being granted anticipatory bail, he declined to present himself before the Chief Magistrate court for plea taking.
SICKNESS
A senior prison officer who sought anonymity said politicians and dignitaries taken to Kamiti are placed in special units.
"The special units have better mattresses, flushing toilets, TV sets... they can be given newspapers to read, they eat well. They even eat meat," the officer said.
The officer argued that Sonko's lawyer, Cecil Miller, had testified in court about the governor's condition so he had to be placed in a facility where he could be monitored.
"At Kamiti, there is a hospital. Sick detainees can easily be monitored," he said.
Miller told the court on Monday that the governor needed an urgent chest CT scan and had already been given drugs for pain.
He added that Sonko could have sustained rib fractures after a scuffle with a policeman during his arrest in Voi last Friday.
"He needs medical attention with the possibility of admission. Sonko did not assault police officers, instead he was the one who was assaulted," Miller said.
Miller asked the court to grant his client bail.
AWAY FROM SUPPORTERS
Known to identify with a legion of fans, Sonko on Sunday urged his supporters to remain calm as he deals with his situation.
In a press statement issued on Sunday, Sonko said his arrest was politically schemed and asked supporters to remain calm.
Lawyer Onkendi said his following also informed the decision for him to be placed at Kamiti.
Onkendi argued that placing him at Kamiti would allow the law to take its course with peace and stability away from his supporters who can likely cause havoc.
"It was a precautionary action for him to be taken to Kamiti away from his supporters," he said.
Sonko was arrested on Friday last week and spent the weekend locked up.
Sonko, along with several other Nairobi County officials, was arraigned before Anti-Corruption Magistrate Douglas Ogoti to answer to Sh357 million graft charges at City Hall.