Lawyer’s absence delays Aladwa incitement case

January 20, 2016 2:10 pm
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Nairobi Chief Magistrate Daniel Ogembo, was told by one of Aladwa's lawyers, Harun Ndubi, that Khaminwa was attending another case before the Court of Appeal/FILE
Nairobi Chief Magistrate Daniel Ogembo, was told by one of Aladwa’s lawyers, Harun Ndubi, that Khaminwa was attending another case before the Court of Appeal/FILE
NAIROBI, Kenya, Jan 20 – A criminal case facing former Nairobi Mayor George Aladwa failed to take off Wednesday due to the unavailability of lead counsel John Khaminwa.

Nairobi Chief Magistrate Daniel Ogembo, was told by one of Aladwa’s lawyers, Harun Ndubi, that Khaminwa was attending another case before the Court of Appeal.

The magistrate allowed the adjournment and fixed the hearing of the case for April 19 and 20.

Aladwa has denied a charge of incitement to violence and is out on a cash bail of Sh500,000.

The trial magistrate previously dismissed an application by the DPP to have Aladwa detained until the case is heard and determined.

The prosecution asked the court to deny the former mayor bond on the grounds that there is increased hate speech and incitement cases in the country.

Assistant Director of Public Prosecutions (DPP) Leonard Maingi indicated that politicians who have been charged with hate speech have shown no respect for the court’s order and condition attached to bail terms.

Maingi told the court that even stringent bond terms had not deterred politicians such as Gatundu South MP Moses Kuria from making inflammatory remarks.

The prosecutor accused Aladwa of having uttered words indicating it was desirable to bring death to certain Kenyans and said that “in calling for the death of Kenyans, he challenged the existence of an open and democratic society”.

The office of the DPP has since filed an application in the high court seeking cancellation of Aladwa bond.

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