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Mututho incitement case thrown out

NAIROBI, June 24 – Naivasha Member of Parliament (MP) John Njenga Mututho was Tuesday cleared of charges of inciting the public to violence during the post election crisis.

Nairobi Chief Magistrate Gilbert Mutembei struck out the case for lack of evidence.

Mututho, who would’ve been required to sign a peace bond in relation to the case, will now not have to after the Magistrate termed evidence given by Police Inspector Peter Changalwa as ‘mere hearsay’.

The prosecution had alleged that Mututho incited youth in Naivasha town, on diverse dates between December 30, 2007 and January 29, 2008 to cause violence.

But Mutembei ruled; “No substantial evidence has been raised before this court by the prosecution and I hereby dismiss this application.”

While testifying in court, Inspector Changalwa alleged that the MP incited youth in Naivasha by telling them to take up arms and ‘fight in defence, instead of waiting for the police’.

The officer claimed that he had obtained intelligence reports that the legislator committed the crime, but could not produce witnesses in court arguing that they feared being victimised.

During the hearing, Mututho’s lawyer Mutula Kilonzo Junior urged the court to dismiss the application arguing that it fell short of the law.

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Kilonzo Jr argued that the prosecution had failed to demonstrate to the court that his client actually breached peace.

Also at the High Court, a case in which a Kilifi-based Italian businessman is objecting his deportation took another twist Tuesday after an individual and a company sought to be enjoined as interested parties in the case.

Businessman Cassimo Rosatro and Smoky Hills Limited Company claimed they were adversely mentioned in the court documents filed by Italian businessman Cannobio Pietro, and consequently want to be party to the court proceedings.

Pietro’s lawyer John Khaminwa however protested the enjoinment saying the two had no business in the case as the dispute is between his client and Immigration Minister Otieno Kajwang.

“I am unable to understand, my lord, why another Italian is coming into this matter; unless he is coming in as a busy body,” Khaminwa said

Pietro has obtained interim orders blocking his deportation amid allegations that he was an illegal immigrant.

In early May, Minister Kajwang issued declaration orders for Pietro’s arrest and deportation after allegations that he (Pietro) was mistreating his workers besides harassing residents in Kilifi.

He maintains that he is a lawful Kenyan citizen with valid identification documents and has business interests in the country besides having married a Kenyan.

Justice George Dulu will rule on the matter on July 27.

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