, NAIROBI, Kenya Aug 13 – National Cohesion and Integration Commission (NCIC) chairman Mzalendo Kibunjia says he will set the record straight on possible hate charges against Cabinet Minister Jamleck Kamau and legislator Peter Mwathi of Limuru on Tuesday.
Kibunjia told Capital FM News that he was away attending county forums on Monday and would be able to clarify the matter when he returns to the office to go through the files.
“I can only comment on that issue appropriately once I am back to the office. I have been away but tomorrow morning (Tuesday) I will address the issue,” Kibunjia said when asked to comment on the confusion following conflicting statements he issued with the Director of Public Prosecutions (DPP).
The DPP Keriako Tobiko who ordered the prosecution of the two leaders on Sunday has said he made the decision after studying two sets of recommendations forwarded to him from the commission.
He said he chose to rely on one that proposed the prosecution of the minister and the MP over hate speech after studying the evidence provided.
Reports now indicate that one of the recommendations had absolved Kamau, and instead called for Mwathi’s prosecution and that of Makadara MP Gidion Mbuvi.
In a statement issued on Sunday, the DPP said he rejected charges against Mbuvi for lack of evidence.
“The DPP has approved the prosecution of Cabinet Minister Jamleck Kamau and Limuru MP Peter Mwathi as recommended by the National Cohesion and Integration Commission (NCIC) for hate speech. The DPP has however rejected charges against Makadara MP Gidion Mbuvi as the evidence provided did not implicate him,” the brief dispatch from his office said.
The Nairobi Metropolitan Development Minister has defended himself against the accusations.
“One clear thing that I have in my mind is that every statement that I made out there, without any question, is not incitement. In fact, I am looking forward to see what I am being charged with so that I can correct whatever I said. But I am sure there is no one single day I went public on something that can be attributed to hate speech,” he said.
The minister however added that he was ready to cooperate with the court, and even resign if he is called to.
“On the issue of stepping aside, I will, with no doubts, follow the law the way it is. If the law dictates that I have to do that, then I will have to. But I know in my mind that I am innocent and in the end I will be proved right,” he said.
Kamau who is the MP for Kigumo is said to have made hate speech at one of the many “prayer” meetings early this year that were being held for Deputy Prime Minister Uhuru Kenyatta.
Mwathi on the other hand was in February this year alleged to have said that people from Kenyatta’s community who failed to support his presidential bid will face misfortune.
But he later defended himself stating that he only said that all leaders in Central Kenya should agree to support Kenyatta as he was ahead of other leaders in terms of popularity.
The Criminal Investigations Department is expected to arraign them in court after seeking the necessary warrants.
Speaking elsewhere earlier on Monday, NCIC Commissioner Milly Lwanga pointed out that the body deals mostly with complaints they get from the public.
She explained that investigations are thoroughly undertaken before any action is taken.
“What we do is to try to monitor hate speech. We receive complaints from Kenyans to come to us and they file written complaints and they complain about utterances. Sometimes the statements that people complain about in our opinion do not amount to hate speech,” she stated.