Embattled Kakamega Senator Cleophas Malala has laid bare some of the confusion regarding his case in which he is accused of involvement in the Matungu killings.
The lawmaker was nabbed while leading a youth forum in Kisumu County on Friday and was held at the Kisumu Central Police Station until his release on Sunday.
However, he says that the police have contradicted themselves and he is not sure about the crimes he is facing, after being arrested over claims of incitement to violence.
"How can I be booked on incitement to violence charge in the OB, yet they plan to charge me with murder?" he asked after his release.
Malala was freed after a slight scuffle between the police and a group of his supporters who had gone to the station to witness his release.
The senator has now threatened to sue the Inspector General of Police Hillary Mutyambai and Interior CS Fred Matiang'i over what he termed as unlawful detention.
"I have been released unconditionally...I want to sue the IG and CS Matiang'i because I have been reliably told that they are the ones who advised the regional office to arrest us and it was purely political," he said.
Also released were former Sports Cabinet Secretary Rashid Echesa, Mayoni Ward Representative Libinus Oduori and Matungu MP Justus Murunga who had been nabbed after being linked to the killings.
The Director of Public Prosecutions (DPP) Noordin Haji has admitted that he lacks the needed evidence to prosecute the accused.
“The evidence so far gathered does not meet the requisite threshold. In the meantime, I further direct that the suspects be released on P52 pending the said investigations and report back to police on Monday, May 20th at 10.00am without fail,” said Haji.