Sunday, August 12, 2012

MPs to face prosecution over hate speech MPs to face prosecution over hate speech


By Cyrus Ombati
Another minister is expected in court anytime for hate speech after the Director of Public Prosecutions Keriako Tobiko approved his prosecution.
DPP Tobiko approved the arrest and arraignment of Nairobi Metropolitan minister Jamleck Kamau and Lari MP Peter Mwathi for alleged hate speech.
Tobiko however rejected the proposal by the National Cohesion and Integration Commission to have Makadara MP Gideon Mbuvi Sonko also prosecuted.
The commission had been petitioned to investigate and prosecute the three over hate speech following remarks they had made at various rallies they attended few months ago.
Kamau who is the Kigumo MP is said to have made hate speech at one of the many “prayer” meetings that were being held for Deputy Prime Minister Uhuru Kenyatta.
His remarks were captured and handed over to the NCIC who asked Tobiko in their recommendation to approve his prosecution.
The hate speech case against Cabinet minister Chirau Mwakwere is expected to be mentioned in court today morning after it failed to take off last Thursday. He has been summoned to appear in court over the case.
Mwathi is said to also have made hate speech at a rally when he said Kikuyu politicians who do not support Uhuru Kenyatta will all fall ill.
He told former Cabinet minister Joseph Kamotho recently that he fell ill as he was about to address a meeting in Murang’a because he refused to support Uhuru.
While saying that Kamotho is one of those trying to divide the Kikuyu community vote, he said that Kamotho should draw a lesson from former Cabinet minister Njenga Karume who fell ill immediately he was installed a Kikuyu elder contrary to the traditions and against wishes of respected elders who had installed Uhuru as their "king".
Mwathi said Kamotho had been led astray by Gatanga MP Peter Kenneth and Gichugu MP Martha Karua both who have decided not to go by their constituents' wish.
Mwathi who has since denied the claims was opposed to Njenga being installed GEMA elder. Founded in 1967, GEMA became one of the most powerful ethnic-based associations in Kenya.
The DPP’s move is set to cause fear and uproar among some politicians who may claim he is targeting them. But he said yesterday he is following law and evidence available.
“There is evidence to sustain their charges,” he said.
The file of the two has been sent to the CID who are expeted to arraign them after asking for summons.
Last week, Mwakwere tried in vain to block the case through the High Court judge Lady Justice Florence Muchemi.
Precedence was set where ministers formally charged in court with criminal offences resigned until the case was concluded, meaning the two minister will have to resign.
Victims of the precedence include former Agriculture minister William Ruto, his Industrialisation counterpart, Henry Kosgey, and Assistant ministers Wilfred Machage and James Gesami.
Another legislator, Embakasi MP Ferdinand Waititu, escaped by a whisker from being charged by a lower court after he obtained orders in the High Court blocking his prosecution.
The Matuga MP had sought to have the magistrate’s court stopped from prosecuting him because he had filed a notice of appeal against the ruling by Justice David Majanja thrown out his petition and paving way for his arrest and prosecution.
The minister had claimed that his right to access justice under the Constitution would be severely prejudiced and grossly violated if he faced charges for expressing himself about the injustices suffered by the people at the Coast.
He added that following the ruling by Justice Majanja the Director of Public Prosecutions ordered the Commissioner of Police and the National Cohesion and Integration to Commission (NCIC) to arrest and charge him, whereas he had been agitating against historical injustices the people of the coast region had suffered.
 “The matters which the petitioner is alleged to have uttered have been a subject of public and open debate regarding the alleged marginalisation and historical injustices perpetrated against the people who up to date suffer from decades of denial of access to land rights and face exploitation,” reads the petition in part.
The minister added that the historical injustice were a matter of constitutional application in court involving the Mombasa Republican Council, and the court ruled that they have a constitutional right to agitate for remedial measures for the alleged historical injustices.
A Nairobi magistrate court issued summons to have the minister appear before the court after Criminal Investigations Department police officers applied for summons.
The case failed to take off after it emerged police were yet to serve the minister with the summons.
The police have filed charges against the Matuga MP over the utterances he allegedly made during the by election in his Matuga constituency, which he won.
The High Court in July paved way for the arrest and prosecution of the minister for hate speech after Justice David Majanja dismissed his attempt to block the National Cohesion and Integration Commission (NCIC), Police and the Director of Public Prosecutions (DPP) from filing charges against him.
After the enactment of the NCIC Act in December 2008, assistant Minister Wilfred Machage and Mt Elgon MP Fred Kapondi were arraigned with hate speech alongside a businesswoman.
The three were, however, acquitted for lack of evidence. The Act stipulates that hate speech is punishable by a fine or jail or both.
Three musicians Kamande wa Kioi, Muigai Wa Njoroge and John DeMathew denied the hate speech and incitement to violence charges and are out on bond.





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