NAIROBI November 13 – Former Mandera Central legislator, Billow Kerrow has moved to the High court to challenge his prosecution over alleged incitement.
Mr Kerrow who was last week charged with incitement to violence filed a case at the High Court on Thursday, seeking to have his trial before Nairobi Senior Principal Magistrate Stella Muketi suspended until the High Court rules on his complaint.
He argued that the charge preferred on November 4 contravenes his constitutional rights and was aimed at silencing him from speaking about the ills allegedly committed by security forces in the ongoing security operation in Mandera.
“The charge is a violation of the petitioner’s (Kerrow) right to fair trial contrary to section 79 of the constitution of Kenya,” a section of his complaint before the High Court read.
Mr Kerrow is out on a cash bail of Sh100,000 pending the hearing of the case before Mrs Muketi on December 16.
The politician spent two nights in police custody after he was arrested for allegedly making the inflammatory statement. The controversial security operation in Mandera was initiated to quell inter-clan fighting over the past few weeks.
At least 24 people have been killed but police claim to have recovered assault rifles and grenade launchers used by bandits and other organised gangs in the region.
The government has come under the spotlight over the security operation with human rights organisations accusing security officers of high handedness. Residents have allegedly been subjected to torture and women raped by police but the government denies the reports.
Mandera Central Petition
Meanwhile, a court process server on Wednesday told the High court that he personally served the current Mandera Central Member of Parliament Hussein Mohammed Abdikadir with suit papers in an election petition.
Thomas Nduku testified before Justice Roselyne Wendoh that he personally served Mr Abdikadir with petition papers filed by a voter from the constituency.
The voter, Adan Muhamed Ahmed, through lawyer Alex Masika is contesting the validity of last year’s poll in the constituency, citing irregularities and malpractices and now wants the results nullified.
The hearing of the case continues.