, NAIROBI, Kenya, Oct 9 – Machakos Senator Johnson Muthama has been summoned to appear in court on Thursday next week to answer charges of incitement to violence and disobedience of the law.
This comes after his attempt to temporarily stop the prosecution was rejected by High Court judge Justice Joseph Onguto.
While seeking for the summons, Senior Director of Public Prosecutions Leonard Maingi told the court that there is sufficient evidence linking the Senator to incitement at a CORD rally that took place at Uhuru Park on September 23 this year.
He told Chief Magistrate Daniel Ogembo that the Senator will be charged together with political activist Japheth Muriira Muroko.
The prosecution says that the Senator said: “Kuanzia wiki ijayo kama walimu hawatalipwa hakuna mtu ataenda kufanya kazi, Na yule ataenda kufanya kazi atakula mawe” (From next week if teachers are not paid nobody will go to work and whoever does will be stoned).
The words, according to the prosecution, were meant to bring death and physical injury to innocent Kenyans.
The activist will plead to the charges of having uttered words to effects that: “We are saying the motion being brought to impeach Uhuru and any Member of Parliament who votes against it will be lynched.”
On Thursday Justice Onguto while declining to issue conservatory orders against the two accused persons said that the court cannot issue orders until the Director of Public Prosecution, the Cabinet Secretary for Interior and Co-ordination of National Government and Inspector General of Police have responded to the application by the Senator.
The judge directed the petition be served upon the respondents and the matter be heard on Monday for the court to determined whether to issue the conservatory order sought.
The Senator through a battery of lawyers led by John Khaminwa, James Orengo and Antony Oluoch had told the court that he is being charged with the offence of incitement to violence which is contrary to Article 50 (1) of the Constitution.
The lawyers argued that the charge of incitement to violence under Article 96 (a) purports to shift the burden of proof and takes away presumption of innocence of the accused person.
The court heard that the decision of the DPP to charge the legislator was selective and discriminatory and is not based on proper investigation as required by the law.
“The utterances made by the petitioner were well within his right as Senator and citizen of Kenya,” the lawyers argued.