We will abide by DPP’s directive, says NCIC

August 14, 2012 4:00 pm
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Commission chairman Mzalendo Kibunjia said they are awaiting formal communication from Tobiko on the charges facing Nairobi Metropolitan Development Minister Jamleck Kamau/FILE

, NAIROBI, Kenya Aug 14 – The National Cohesion and Integration Commission said Tuesday it will abide by the directive from Director of Public Prosecutions Keriako Tobiko to charge two legislators with hate speech.

Commission chairman Mzalendo Kibunjia said they are awaiting formal communication from Tobiko on the charges facing Nairobi Metropolitan Development Minister Jamleck Kamau and Peter Mwathi of Limuru before taking action.

“Regarding this particular case, the advice sought from the DPP has not been communicated, other than the statements appearing in a section of the media,” Kibunjia said.

“Once the commission receives such communication from the DPP, it will carry out the directions of the DPP as instructed.”

In a statement, Kibunjia said the commission had investigated the two legislators and their Makadara counterpart Gidion Mbuvi before forwarding recommendations to the DPP.

“The NCIC recognises that it is the preserve of the DPP to advise, prosecute and enforce provisions as outlined in the NCI Act,” he said.

Kibunjia has however, steered clear of reports that the commission had sent two sets of recommendations to the DPP.

Hate charges facing the two legislators stem from remarks they allegedly made at a rally in Kinoru stadium in February 2.

The Limuru MP has moved to court seeking to block his arrest and prosecution over hate speech remarks.

The High Court on Tuesday certified his case as urgent.

Kibunjia revealed that all the three MPs had recorded statements and were informed of charges facing them and the implications thereto.

According to Kibunjia, Mwathi was the first to record a statement with the commission at Delta House on April 11 at 3pm.

Kamau recorded his statement on April 16 on the inquiry into allegations of ethnic contempt contrary to Sec 62 (1) of the NCIC Act.

He was followed by Mbuvi who recorded his statement on April 17, Kibunjia said.

“The Commission was impressed with the prompt response by the members to the summons served upon them and their cooperation during the investigation,” he said.

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