, NAIROBI, Kenya, Dec 14 – The Office of the Director of Public Prosecutions on Monday withdrew a 15-year-old incitement to violence case against President Uhuru Kenyatta’s Cabinet nominee for the Ministry of Devolution, Mwangi Kiunjuri.
The Office of the DPP told Chief Magistrate Daniel Ogembo that they were withdrawing the case for a lack of witnesses.
The prosecution told the court that the case stalled when the trial court failed to identify the issues for determination by the High Court, as per the provisions of the repealed Constitution, when Kiunjuri sought to move to the superior court citing a violation of his constitutional rights.
The prosecution however withdrew the case against Kiunjuri under the provisions of Section 87 (a) of the Criminal Procedure Code which allows for a case to be re-tried.
Kiunjuri was charged with inciting the public to violence in 2000 at the Rumuruti Primary School in Laikipia.
He is said to have claimed that there was a private army being trained by GSU Recce company officers in Ndaragwa forest to kill members the Kikuyu community and rape women in Rumuruti before promising to supply them with guns with which to defend themselves; charges which he denied.
Kiunjuri was nominated to the Cabinet by President Uhuru Kenyatta on November 24, 2015.
During his vetting by the National Assembly on December 11, Kiunjuri defended himself against the impropriety charges levelled against him when he was Assistant Minister for water in 2011 in an appointment that pitted him against then Water Minister Charity Ngilu.
Despite repeated probing by the panel chaired by Speaker Justin Muturi, he stated that all his dealings were above board.
“I am surprised that no one has sworn an affidavit on this issue. This is because there are people out there who would like to drag other people’s names in the mud. The law is very clear on how you submit your complaints,” he stated.
“If it is criminal, you go to the Directorate of Criminal Investigations and the matter will be addressed. You will either be charged and then the DPP will also be waiting.”
Article 152 of the Constitution stipulates that a Cabinet Secretary may be removed from office, “where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law.”