Monday, August 13, 2012

Court hears Mwakwere ill


By Judy Ogutu                      
The Environment Minister Chirau Ali Mwakwere has suffered a bout of hypertension following a move to charge him with hate speech, his lawyers have said.
On Monday, Mr Waweru Gatonye informed Nairobi Senior Principal Magistrate, Mrs Lucy Nyambura that the Cabinet minister had been admitted to hospital after suffering severe hypertension.
“He is seriously indisposed with a condition of severe hypertension. We had a professional meeting and we were all set for appearance (in court) today. I received a call on Monday night from the wife that the pressure about prospects of being prosecuted was apparently working on him. His blood pressure shot up and he is admitted,” Mr Gatonye said.
Gatonye also informed the magistrate that summons for Mwakwere to attend court had been served on his Personal Assistant.
The lawyer further told the court that the minister’s Cardiologist had also recommended that he undergoes an operation.
He requested the magistrate to allow the case to be mentioned on August 27 for further direction on the minister’s condition, adding that they had shown the medical report to the prosecution which was sympathetic to his condition.
State counsel Lilian Obuo admitted that they had seen the medical records dated August 12, 2012 on behalf of the minister.
“It is true, in light that he is not feeling well, we can come on August 27 to mention the matter so that plea is taken,” Obuo said.
The magistrate fixed a mention date for August 27 when plea will be taken.
Mwakwere had attempted to block the criminal charges in an application filed before the High Court.
This was after the High Court rejected his bid to restrain police from arresting and charging him until an appeal he has filed to challenge the decision by High Court to have him prosecuted is concluded.
High Court judge Florence Muchemi declined to block the police apprehending and arraigning the Cabinet minister in court saying his application lacked merit.
The hearing of Mwakwere’s application challenging his arrest and prosecution is set to be heard on Wednesday.
Summons for him to appear in court were issued by the magistrate’s court following an application by the police.
In the application before the High Court, he argues that his imminent arrest shall cause him to vacate his ministerial position yet his appeal shall not have been heard and determined.
He argues that his rights will be grossly violated if he is charged for expressing himself concerning the injustices suffered by the people at the coast “ and which injustices have been acknowledged.”
He argues that under the Constitution, he has a right of appeal and intends to exercise that right to access justice because he stands to be severely prejudiced.
Two weeks ago Director of Public Prosecutions (DPP), Mr Keriako Tobiko ordered his prosecution after he lost an application seeking to block National Cohesion on Integration Commission (NCIC) from charging him over hate speech.
Mwakwere allegedly made hate remarks, during a by-election campaign in his constituency in July 2010, saying that indigenous coastal people have been oppressed by the Arabs.
Tobiko gave his consent and directed the police to charge the Matuga MP saying there is sufficient evidence to prosecute him.



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