Embattled Machakos Senator Johnstone Muthama who may face private prosecution from activist over utterances he made at a rally in Uhuru Park two weeks ago.
Director of Public Prosecution Keriako Topika wants an application filed by the activists seeking private prosecution against Machakos Senator Johnstone Muthama dismissed.
In an affidavits filed in court by the Senior Prosecution Counsel Duncan Ondimu describes the application by activist Joseph Kithyaka as speculative that comprises of opinion than fact.
“The application is frivoious, vexatious, misconceived; cleary an abuse of process intended to achieve ulterior motives” Said Ondimu in his affidavit.
The DPP further argues court should not be used to interfere with independent institutions that are clearly provided under the constitution and they should be allowed to operate without interferences.
He argues on 25 day of September 2015 the director of public prosecution consulted a Multi-Agency Team comprising of the Directorate of Criminal Investigations (DCJ), National Cohesion and Integration Commission (NCIC) and a team also includes the officers from the O.D.P.P and issued a press statement.
In his affidavit he says the team will interrogate and record statements made during a political rally by Cord in support of teachers strike which the senator is alleged to have made the statements.
“The team was required to interrogate and record the statements from all those who made certain statements and utterances during a political rally that was held at Uhuru park ground on 23 of September which amount to hate speech and incitement” Said Ondimu.
He said the task has already completed it investigations and the file has been submitted to the DPP for further directions and requested the application be dismissed.
The founder of Inter Ethnic Forum filed an application seeking private prosecution of Machakos Senator John stone Muthama over utterances he made at a rally in Uhuru Park two weeks ago.
Joseph Kithyaka seeks the court’s order to permit him to commence the private prosecution against the senator for inciting the public and insulting President Uhuru Kenyatta and Devolution and Planning Cabinet Secretary Anne Waiguru.
Kithyaka says in his documents that saying he should be allowed to charge Muthama given that the Director of Public Prosecution has not taken action against Mutham
Through his lawyer Victor Kariuki he said the senator’s utterances have caused widespread complaints and public outcry yet the DPP has failed to take swift action.
However the DPP Keriako Tobiko said in response said the application private prosecution of the senator is a sham, misconceived and speculative and, saying he apply to have the same dismissed.
“A team comprising of directorate of criminal investigations, integration commission and officers from my office has already interrogated all those who made certain statements which amount to hate speech and have submitted the file to me for appropriate action”

Kathyaka said the Senator should be held criminally responsible for specifically stating that teachers who will go back to work without being paid will be stoned.
“The DPP has delayed, failed and neglected to institute criminal charges pursuant to his powers under article 157 of the constitution” Kithyaka Said.
Kithyaka said the failure by the DPP to charge Muthama over utterances is tantamount a threat to national unity, security and the rule of law.
“The public perception that the law is applied selective is a threat to democracy and constitution and a bleeding ground for impunity” he said.
A private prosecution is a criminal proceeding initiated by an individual or private organisation instead of by a public prosecutor who represents the state.
On September 23, Cord held a rally at Uhuru Park to show solidarity with the striking teachers.
The meeting which the Teacher’s Union Knut did not attend was called by Cord principals Raila Odinga, Kalonzo Musyoka and Moses Wetangula.
In his speech, Muthama reportedly claimed Waiguru is President Kenyatta’s beloved CS despite being embroiled in corruption allegations in the National Youth Service where over Ksh 700 million was lost through questionable procurement process.
The remarks rally which was broadcast live on TV caused a storm in the political arena with cord Mps telling him to stay afoot and those from Jubilee side calling for arrest and prosecution.