, NAIROBI, Kenya, Aug 30- A case against Kabete Member of Parliament Ferdinand Waititu and his Gatundu counterpart Moses Kuria failed to start on Tuesday over a documents hitch.
Milimani Senior Principal Magistrate Charity Oluoch directed the case to start on October 8.
“I have considered the request by the defence. I do agree that police had enough time to prepare for the trial. Accused persons have a right to a speedy determination,” Oluoch said in her brief ruling.
Prosecutor Duncan Ondimu urged the court to adjourn the case on grounds that investigations have not been completed.
He said the State Counsel Nichodemus Maingi who has been handling the matter has since left the service for private practice.
“We are waiting for communication from Director of Criminal Investigations. There is no bad faith as alleged by the defence. Fair hearing applies both ways and it is not in any way unfair,” Ondimu argued.
He gave an undertaking to ensure the accused persons are supplied with all documents and exhibits the prosecution intends to use during trial.
Kuria and Waititu are facing the incitement to violence charges for utterances they made in June.
The two legislators however deny the incitement to violence and disobedience of the law charges.
It was alleged that on June 12 at Kasarani Gymnasium, they uttered words which indicated it is desirable to “cause death and physical injury to CORD leader Raila.”
The two lawmakers are out on bond.
Lawyers Harrison Kinyanjui and Francis Munyororo protested against any further adjournment of the case.
“We have not been supplied with all witness statements. The delay by the prosecution in supplying the defence with evidence that it seeks to rely on during trial amounts to lack of fair hearing,” Kinyanjui told the court.