NAIROBI, Kenya, Oct 31- Former Nairobi Mayor George Aladwa has challenged incitement case brought against him by the State.
Aladwa through his lawyer Dr John Khaminwa, told Nairobi Chief Magistrate Daniel Ogemba, that the charge sheet as presented to court does not disclose an offence, in which the prosecution wants to commence trial.
He is also challenging the use of Christian names and identification of tribe of the accused in the charge sheet and wants it declared unconstitutional.
“There are no provisions in the Constitution which allows the prosecution to identify the accused by tribe as it will amount to classifying individuals by their tribes which is unlawful,” Khaminwa told the court.
He further said that the translation of the alleged words from Kiswahili into or either way amounts to abuse of the Constitution which does not have Kiswahili translations.
Khaminwa urged the court to strike out the charge sheet and set free the accused.
The court will make a finding on the application by Khaminwa on 15 December.
The prosecution had summoned three witnesses who are ready to give evidence.
Aladwa who is the chairman of ODM in Nairobi is facing incitement to violence case and is out on a bond of Sh 500,000.
The prosecutor said Aladwa uttered words indicating it was desirable to bring death to certain Kenyans and “in calling for the death of Kenyans, he challenged the existence of an open and democratic society.”
However, lawyers representing Aladwa said his prosecution was selective and that he is entitled to bail like any other accused person.