Mwakwere loses bid to stop hate speech prosecution
Newly appointed Trade minister Ali Mwakwere. FILE | NATION
By PAUL OGEMBA, pogemba@ke.nationmedia.com
Posted Wednesday, August 8 2012 at 15:21
Posted Wednesday, August 8 2012 at 15:21
Environment minister Chirau Ali Mwakwere has lost an attempt to temporarily block his arrest and prosecution over hate speech charges.
Lady Justice Florence Muchemi Wednesday declined to give an order stopping the police from arresting the Matuga MP, only certifying the application as urgent and directing that it be heard next week.
Mr Mwakwere is at the risk of losing his cabinet seat in the event that he is charged on Thursday after summons were issued for him to appear in court to answer the charges.
The Environment minister filed an urgent application at the High Court seeking to stop the Director of Public Prosecution and the police from arresting him until an appeal he has filed against the decision to prosecute him is heard and determined.
Through lawyer Waweru Gatonye, the minister claims that his imminent arrest and charging shall cause him to vacate his ministerial office yet his appeal will not have been heard and determined.
“If the petitioner is charged with the alleged offence, he shall be required to step aside from the office of Cabinet Minister for Environment in compliance with Chapter 6 of the Constitution which is now a matter of political practice,” said Gatonye.
Mr Mwakwere said the intended prosecution is not only unfair but also discriminatory in that a Mombasa court had ruled that the Mombasa Republican Council has a constitutional right to agitate about the same historical grievances he was agitating for and which he is being accused of as hate speech.
The minister was summoned on Tuesday to appear in court Thursday after the DPP Keriako Tobiko said that they have enough evidence to warrant a charge of hate speech.
Immediately he is charged, Mr Mwakwere is expected to lose his Cabinet position and can only be reinstated after being cleared by the court.
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