, NAIROBI, Kenya, Oct 8 – Machakos Senator Johnson Muthama on Thursday failed to secure an order to block his prosecution as ordered by the Director of Public Prosecutions Keriako Tobiko.
Justice Joseph Onguto said the court cannot issue such orders until the DPP, the Cabinet Secretary for Interior and Co-ordination of National Government and Inspector General of Police have responded to the application by Muthama.
The judge has directed the petition be served upon the respondents and the matter be heard on Friday inter-partes for the court to determined if it is appropriate to issue the conservatory order sought.
Meanwhile, political analyst Mutahi Ngunyi will know on Monday morning whether he will face hate speech charges.
This is after Justice Onguto said that he will rule on Ngunyi’s application seeking to stop his prosecution on the day he is required to present himself before a Magistrate’s Court and plead to the disputed charges.
The Director of Public Prosecutions Keriako Tobiko on Thursday defended the decision to prefer hate speech charges against the political analyst.
State Counsel Ashimosi Shitambasi told the court that Mutahi’s prosecution will stop people from propagating ethnic hatred.
He went on to tell the court that Ngunyi has not demonstrated how his fundamental rights override public interest.
On Monday, Tobiko directed that incitement charges be preferred against Muthama for remarks he made at an Opposition rally in support of striking teachers.
He also directed hate speech charges against Ngunyi for posting on Twitter, “Raila should be put on trial. The judge: poverty stricken Luos. And Luhyas craving his bondage. Charge: selfishness, selfishness, selfishness.”
Gatundu South MP Moses Kuria’s file was however sent back to the Directorate of Criminal Investigations (DCI) as the DPP requested that NCIC be enjoined to carry out further investigations into allegations that he incited his constituents when he told them to attack those opposed to National Youth Service projects.
The DCI had sent the file to the DPP recommending for its closure due to lack of evidence but the DPP re-ordered for an investigation.
Tobiko asked the DCI to conduct further investigations and re-submit the file within 14 days.