, NAIROBI, Kenya, Sep 26 – Machakos Senator Johnstone Muthama was on Saturday questioned by police over remarks he made last week at a CORD rally in Nairobi, but declined to record a statement.
Muthama was represented by lawyers John Khaminwa and Harun Ndubi who accompanied him to the Nairobi County CID offices.
“The police have not accurately explained what they want Senator Muthama to answer to. They wanted a statement and they made assertions that we know what Muthama said at Uhuru Park,” Ndubi said, adding, “So what Muthama said in his statement is that he has nothing to say because he does not know what they want.”
Khaminwa who also addressed journalists took time to explain what he described as the ‘price of democracy’ saying they had scrutinized the statements made by Muthama and none pointed towards a criminal offense but rather the “view of a distressed Kenyan”.
“We have all listened to what he said and there is absolutely no criminal offense disclosed,” he told journalists.
Muthama was summoned by police following a directive by Interior Cabinet Secretary Joseph Nkaissery on Friday.
Muthama’s lawyers faulted the Cabinet Secretary for “overstepping his mandate because he has no authority to direct police on how they should conduct investigations.”
“The CS’s demand that Senator Muthama records a statement at the CID is in complete violation of article 254 (4) of the constitution,” Khaminwa said, citing Nkaissery’s statement issued to journalists on Friday in which he outlined five areas in which he wanted Muthama probed.
Muthama is accused of making derogatory remarks largely seen to undermine the President’s office while speaking about alleged corruption at the Devolution Ministry and governance in the country.
According to Nkaissery, Muthama’s statements “undermined the national cohesion and integration act, defamed through use of salacious, obscene, indecent, crude and vulgar language against state officers, as well as undermining the authority of a state officer.”
Nkaissery who sent a statement from the United States also asked the police to investigate Nkaissery on “Claims that imply President Uhuru Kenyatta interfered with the constitutional dispensation of the Republic of Burundi.”
Muthama’s lawyer Khaminwa has now written to the Director of Public Prosecutions Keriako Tobiko saying there was no crime committed from the Uhuru Park statements.
“In the circumstances, your office, that of the Inspector General of Police and that of the Director of Criminal Investigations should not fall prey to the blatant unconstitutional demands of the Cabinet Secretary and start harassing and intimidating the Senator exercising his role and rights as a Senator and citizen of Kenya attempting to uphold the fundamental rights relating to education,” Khaminwa said in a letter also copied to Nkaissery, Attorney General, Inspector General and the CID.