Hate speech charges still stalk Mwakwere

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PHOTO | FILE Chirau Ali Mwakwere.  NATION MEDIA GROUP

By MWAKERA MWAJEFA mwakera_mndwamrombo@yahoo.com
Posted  Sunday, November 4  2012 at  00:30

IN SUMMARY

• In his letter, Mr Khelef Khalifa, a former Kenya National Commission on Human Rights commissioner, wants a hate speech case against the minister reinstituted
• According to him the withdrawal of the minister’s case on September 18 in a Nairobi court was flawed because it went against the wishes of Muhuri, which had signed an accord with the minister prior to the court’s ruling
• The director calls on the CJ to investigate whether the court followed due process of the law in withdrawing the minister’s hate speech case without considering the stand of the human rights body

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Minister for the environment, Mr Chirau Ali Mwakwere’s political career is not out of the woods yet after a director of Muslims for Human Rights wrote to the Chief Justice and the criminal division of the High Court seeking to revive a hate speech case against the minister.

In his letter, Mr Khelef Khalifa, a former Kenya National Commission on Human Rights commissioner, wants the case reinstituted.

According to him the withdrawal of the minister’s case on September 18 in a Nairobi court was flawed because it went against the wishes of Muhuri, which had signed an accord with the minister prior to the court’s ruling.

“I am aware that one of the complainants entered into a conciliation agreement with Mr Mwakwere, but they have since clarified that that agreement was not entered into with a view to withdraw the case and end the trial of the accused,” reads part of the letter.

The director calls on the CJ to investigate whether the court followed due process of the law in withdrawing the minister’s hate speech case without considering the stand of the human rights body.

Mr Mwakwere has been conducting peace meetings in the Coast region to fulfil the five conditions given to him when he signed the agreement with Muhuri on September 15.

But the relationship between him and his accusers has been strained after the court withdrew his hate speech case, which ended up boosting his political career, and the public turned their wrath on Muhuri, alleging betrayal.

In the wake of sharp criticisms, Muhuri’s board of directors convened an urgent special meeting where they resolved to write to Director of Public Prosecution Keriako Tobiko to let the case go to trial, but this drew sharp reactions from the minister’s supporters who saw it as a move to “kill” his political career.

Peace and cohesion
Speaking after Muhuri snubbed two peace and cohesion meetings organised by the minister at Indian Ocean Beach Hotel in Kwale County and KPA Mbaraki Sports Ground in Mombasa County, Mr Mwalimu Digore expressed disappointment over Muhuri’s behaviour.

“You expect an organisation of Muhuri’s stature to have a stand rather than allow themselves to be pressurised by external forces to damage somebody’s personality for selfish gain,” the close ally of the minister said.

According to him, the lobby group has boycotted two peace meetings without giving tangible reasons although “they are the ones who gave him this condition”.

He advised Muhuri not to use unorthodox means to salvage its image, adding that there were some individuals within the organisation out to destroy the minister politically and socially.

Contacted over the fallout, National Cohesion and Integration Commission commissioner Ahmed Yassin, who organised the Mbaraki peace meeting, did not know why Muhuri failed to attend the meetings.

“What we are doing here is facilitating peace meetings as agreed by the two parties in September,” he said on phone.

Through its executive director, Mr Hussein Khalid, Muhuri complained that during the court proceedings in Nairobi they were shortchanged and made to appear as if they were the ones who asked for the case against Mr Mwakwere to be withdrawn.

“This impression has dented our image and [exposed] us to public ridicule for something which we never did, and we have evidence to that effect,” he told Sunday Nation.

He added that Muhuri has written to the CJ asking for an probe that will establish who between the Director of Public Prosecution and NCIC was behind the change of heart that saw the incitement charge withdrawn.