DPP lines up more hate speech charges against MPs

Kamau denies the claims and says he does not know what he is specifically accused of/FILE

NAIROBI, Kenya, Aug 12 – The Director of Public Prosecutions has given the go ahead for the prosecution of Cabinet Minister Jamleck Kamau and lawmaker Peter Mwathi for alleged hate speech.

The DPP in a statement issued on Sunday however said he did not find sufficient evidence to warrant charges against Makadara MP Gidion Mbuvi alias Sonko.

“The DPP has approved the prosecution of Cabinet Minister Jamleck Kamau and Limuru MP Peter Mwathi as recommended by the NCIC (National Cohesion and Integration Commission) for hate speech. The DPP has however rejected charges against Makadara MP Gidion Mbuvi as the evidence provided did not implicate him,” a brief statement from his office said.

Kamau later called a news conference where he defended himself against the accusations.

The Nairobi Metropolitan Development Minister said he was blameless, and was not even aware what he was specifically being accused of.

“One clear thing that I have in my mind is that every statement that I made out there, without any question, is not incitement. In fact, I am looking forward to see what I am being charged of so that I can correct whatever I said. But I am sure there is no one single day I went public on something that can be attributed to hate speech.”

The minister however added that he was ready to cooperate with the court, and even resign if he is called to.

“On the issue of stepping aside, I will with no doubts follow the law the way it is. If the law dictates that I have to do that, then I will have to. But I know in my mind that I am innocent and in the end I will be proved right, “added the minister.

Kamau who is the MP for Kigumo is said to have made hate speech at one of the many “prayer” meetings early this year that were being held for Deputy Prime Minister Uhuru Kenyatta.

Mwathi on the other hand was in February this year alleged to have said that people from Kenyatta’s community who failed to support his presidential bid will be shunned.

But he later defended himself stating that he only said that all leaders in Central Kenya should agree to support Kenyatta as he was ahead of other leaders in terms of popularity.

But there was confusion on Sunday evening after NCIC chairman Mzalendo Kibunjia said that the commission had recommended the prosecution of Mbuvi and Mwathi and not minister Kamau.

“It’s true we were investigating the three over hate speech but I don’t remember recommending the prosecution of the minister. We recommended prosecution of Sonko and Mwathi. I wish the DPP could have issued the statement on a weekday for us to confirm such doubts. Let’s wait until tomorrow… maybe he confused the files,” Kibunjia said in a brief statement.

The files of the two have been sent to the Criminal Investigations Department which is expected to arraign them in court after seeking the necessary warrants.

Environment Minister Chirau Mwakwere is also expected to face similar charges this week after the DPP gave the okay for him to appear in court.

He was due in court last week but no summons had been issued to him. He is now expected in court on Wednesday even though he is fighting the charges in the High Court.

MARGARET WAHITO

MARGARET WAHITO

Margaret has been a business reporter for the past four years. She holds a Bachelors of Science degree in Communications and Public Relations from Moi University. She also holds a diploma in Film and Video production from the Kenya institute of Mass Communications. Apart from journalism, she has interest in community work, especially helping the disadvantaged.

  • Francis

    Two things-Should it turn out that the DPP did not receive any file on Hon. J. Kamau but went ahead to notify the media without even the opportunity to hear his side- then he is in really hot soup.We expect that when a person of DPP’S standing decides to charge a cabinet minister the last thing you expect to hear is that NCIC the complainant in this case is “NOT AWARE”. Second, the hate speech law could not have been written to deal with the nonsense issues that Kibunjia and his group and now the DPP are dealing with.Were that to be the case then the drafters of the law were fools.It is expected that in any application of the law common sense prevails.You cannot go around hunting people on every statement they make calling it hate speech.Hate speech must be purposeful , acted upon and pursued as a policy by the one guilty of it.Calling Kibunjia a fool is not hate speech- it is a statement of what i think as an individual paying his millions as he engages in total BS.The law was meant to be policed by grown-ups/statesmen/women of integrity and not by juveniles listening to every drunken gossip at every BUSAA DEN .It was not meant to propagate a political agenda/and/or protect some cartoon politicians from criticism as if they are gods.In fact the way this law is being used targeting people from one community/political divide is itself HATE SPEECH.Kenyans are not fools and can see what is going on.The DPP’s office will lose all credibility if it becomes the KANU DISCIPLINARY CMMT of years gone.It is a shame.At that rate you will have everyone prosecuted on hate speech and none on crimes and murders.Enough of this publicity-seeking stuff.You have REAL WORK TO DO IF YOU DID NOT KNOW!

    • upuzi_tele

      “In fact the way this law is being used targeting people from one community/political divide.”
      Lol, going by this statement, I’m 100% sure you are more of a fool than the people you call fools in your comment.

    • Kitu Moto

      DPP is the lead state prosecutor. He can initiate prosecution without having receive complaint from any quarter as long as he is convinced there is enough evidence to sustain a case.

      • Francis

        Dude the DPP’S office is exactly what it is- Directorate of Public Prosecutions.It is not the investigating arm of law enforcement! Ever heard of police and CID? The DPP receives a file and decides whether to go to court or not.The DPP’S office is an office of public lawyers and not not public investigators.In your VERY LITTLE understanding of the function of DPP’S office- you think the he is the commissioner of police or head of CID.He could in public interest direct police to carry out investigations upon which his lawyers will rely upon.In short, he cannot just wake up and take one to court.Do the accused have rights? Guess what even a murderer will be afforded a lawyer by the state-that is the law!

    • Mazzdark

      DPP does not require any direction from anyone to institute criminal proceedings against anyone he feels is breaking the law in Kenya – that, in fact, is his Constitutional role

  • mburu

    Kenyas DPP is one ill-advised character who unfortunately threw his academic credential aside “if he has one” to serve few rogues , hyenas in government. This poor DISCREDITED POOR PERSON is directed how to conduct his day to day activity resembling a dog that barks but without biting power. His job is similar to one poor -Eugene Wamalwa who left his Law credentials to become a puppet of the rich . It is sad for some Kenyan elites who to join evil forces blindly without having any second thought of their masters who have caused untold misery to women , children and entire Kenyan public. I wonder how Kenyans elites go to the university and end up idiots when in government. Kenyan environment makes degreed men and women idiots!

  • OmicahnOirere

    I strongly a gree with Mburu he just dropped his notes like 6hrs ago,Kibaki and his associates in crime, they are preparing kenya and its poor citizen for a disaster come 2013, just forget 2030, I admire your profession as an economist, you are the best after later Jommo Kenyatta but you have glossly failed on Humanitalian efforts, corruption and democracy,remember you will be never be like Jommo,you and Moi took away more than your share,Let us give the son of Omollo a chance may be he has the key to restore your uprightiousness, kenya

  • OmicahnOirere

    What is wrong with most of you Kenyan, Are you living in the clouds of politics? Im a kenyan by birth and I can’t help myself because of the idiocracy most of us display in the form of politics or pure ignorance. Let us take a look of unsolved cases and investigation. G-Morara,MP N-M Borabu, dead,unexplained death,1960′s, Tom Mboya, Cabinet mininister, death investigation pending, 1960′s. G.G Kariuki,Cabinet Minister, Death that is for the facts, the government appointend a commission of enquiry, finding still pending,1980′s needless to mentions,you all know the Nyayo hse viasco, the last casuality being the later Cabinet Minister Dr Robert Ouko, Minister for international affairs(vrs) Last but not the least professor and his assistant both from internal. Dohhhhh,dahhhh righhhhhhhhhhhhhhhh, all the gentlemen were upright leaders who fought the right of common kenyan, wanainchi, by then14, 17, 28 ,34, 47 millions, Mps bend , twist, amend the law of the Land as they fee suit for them, and the AG and the speaker of National assembly just allow it,The cj has tried but the corrupt arm of the executive ain’t giving up, their mighty tentacles have even stretched to IEB, and now they are playing high school game 210 vs 47or 47vs 1 but all 210 are thieves and 47 +_1 = Kenya

  • OmicahnOirere

    You can as well file a law suit against Tobiko and the AG, if you feel your right have been violeted, disc/ or unfairy singled out.Mr Kamau, just respect the law and this things will pass, or somebody high up will make it dispear, just kind nyayo miracles or ask for Hagues hearing then you will be free for the 10 yrs