MP Mwathi in court to block hate speech prosecution

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Limuru MP Peter Mwathi moved to court August 14, 2012 seeking to stop the Director of Public Prosecutions and the National Cohesion and Integration Commission (NCIC) from charging him with hate speech.  NATION MEDIA GROUP

By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted  Tuesday, August 14  2012 at  14:31

Limuru MP Peter Mwathi has gone to court seeking to stop the Director of Public Prosecutions and the National Cohesion and Integration Commission (NCIC) from charging him with hate speech.

Mr Mwathi filed an urgent application at the High Court claiming that the DPP’s move to have him arrested and prosecuted for allegations of hate speech is in bad faith, without any reasonable excuse and a violation of his constitutional rights.

Through lawyer Evans Ondieki, the MP submitted that the DPP has not established any case against him and he stands to lose his position as a commissioner with the Parliamentary Service Commission in the event that he is charged with hate speech which he claims are falsehoods.

“I am apprehensive the NCIC through the DPP’s office has threatened to take me to court for charges I am unable to contemplate since the commission is not being truthful and transparent with the basis of bringing up charges against me,” said Mwathi in his affidavit.

He accused the NCIC of breaching its mission statement claiming that the commission is no longer promoting the National Values of harmony, non-discrimination and peaceful co-existence but instead spreading fear, despondency and propaganda.

According to the MP, he was in South Africa, India and Dubai on official parliamentary duties on April 17 and it cannot be true that the commission summoned him on that day.

He denied ever threatening, abusing or insulting any person in any way, adding that his speech in Meru which is the subject of allegations of hate speech was issued in good faith and in appreciation of the values and principles of freedom of speech provided by the constitution.

Mr Mwathi said he was surprised the commission decided to prosecute him without according him the right to a fair trial and that he will suffer irreparable damages if they are allowed to go ahead with the charges.

“The proposed charge against the MP violates the tenets of democracy and principles of human rights. There is no prima facie case against him since the preponderance of evidence is in favour of the MP,” said Ondieki.

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Mr Ondieki submitted that the MP was summoned under Section 27 and 29 of the NCIC Act which deals with witnesses and for the purpose of that law should have been treated as a potential witness not a suspect.

He claimed that the commission is violating the law on freedom of expression by summoning a witness and changing mid-stream to charge him as a suspect.

The MP told the court that his right to pursuit of happiness and family has been undermined since the commission decided to charge him claiming that he cannot now interact freely with his family.