, NAIROBI, Kenya, Nov 22- Labor Minister John Munyes has suffered a setback after the High Court declined to stop his arrest and prosecution over alleged utterances he made in Parliament on the Baragoi massacre of police officers.
High court judge Justice Cecilia Githua ruled that the application by the minister seeking orders to block the intended arrest did not merit the court’s intervention.
The court however allowed Munyes to file judicial proceedings against Police Commissioner Mathew Iteere and the Director of Public Prosecutions Keriako Tobiko.
Munyes has been given 15 days to file a substantive application and the matter is set for mention on December 10 when further directions will be issued.
Incitement to violence charges filed against Wildlife Assistant Minister Josephat Nanok and Ekwe Ethuro of Turkana Central were on Wednesday dismissed by a lower court.
Chief Magistrate Kiarie Waweru set the two free and restrained the prosecution from substituting the charge immediately.
The magistrate said police who presented the two in court failed to disclose in the charge sheet the exact words that each legislator uttered and where the offenses took place.
“It is impossible for the two lawmakers to have jointly uttered a similar statement simultaneously to warrant the charge to stand because I don’t not see the particulars to support the latter,” he ruled.
The defence for MPs Nanok and Ethuro led by Tom Kajwang’ argued that the charge as drawn failed to meet the threshold expected of charges as required by Section 134 of the Criminal Procedure Code.
The magistrate in his ruling reaffirmed Section 134 saying that police failed to indicate the venue where the alleged offense was committed.
Nanok, Munyes and Ethuro have been in trouble with law enforcers after they made statements within parliament which appeared to defend the killing of 48 police officers in Baragoi two weeks ago.