DPP, Kibunjia clash over hatespeech

By Cyrus Ombati

Director of Public Prosecutions Keriako Tobiko has confirmed he relied on a report from the National Cohesion and Integration Commission (NCIC) to approve the prosecution of Nairobi Metropolitan minister Jamleck Kamau for hate speech.

Tobiko said he had received a report from the commission with two separate recommendations and decided to approve one.

One recommendation from the commission commissioners apparently absolved Mr Kamau but recommended the prosecution of Limuru MP Peter Mwathi and his Makadara counterpart Gideon Mbuvi Sonko.

But another recommendation from the commission’s legal team in the report absolved Sonko and recommended the prosecution of both Mr Kamau and Mwathi.

“I relied on the evidence available to approve the recommendation of the legal team at the commission. Let us wait and hear what happens in court,” said Tobiko.

He made the remarks after NCIC chairman Mzalendo Kibunjia said he was not aware that the commission had made recommendation for the prosecution of Kamau.

Kibunjia said the commissioners had recommended the prosecution of Mwathi and Sonko for hate speech.

“Unless I am wrong we had recommended that both Sonko and Mwathi be charged and not the minister,” said Kibunjia without knowing the recommendation of his legal team.

He said both Sonko and Mwathi were questioned by the commission but could not recall if and when Kamau was grilled.

Kamau is said to have made hate speech in Meru during a prayer rally that was organised in the area.

Mwathi too made similar remarks, which were according to the commission racial in nature.

The commission had been petitioned to investigate and prosecute the three over hate speech following remarks they had made at various rallies they attended.

Kamau who is the Kigumo MP has said he had been careful in his speeches and did not recall making inciting remarks. He however said he is ready to cooperate with prosecution if and when called upon.

The two are now expected to be summoned anytime before they take plea in court. They will join Cabinet minister Chirau Mwakwere who is expected to take plea on August 27.

He was to appear in court o Monday but his legal team said he was unwell in hospital.

The file of the two has been sent to the CID who are expected to arraign them after asking for summons.