Political analyst Mutahi Ngunyi who was summons were issued by Nairobi Chief Magistrate Daniel Ogembo on an application by the Director of public prosecution
BY SAM ALFAN.
Director of public prosecution Keriako Tobiko has applied to have a judicial review application filed by political analyst Mutahi Ngunyi dismissed.
The DPP through senior director of public prosecution Dr Leonard Maingi, told the court, that no evidence has been audienced by the Ngunyi to demonstrate the violation of his fundamental rights.
He told Justice Joseph Onguto, that it is upon receiving complaint from LSK chief executive officer Apollo Mboya over posted message by Ngunyi, that investigation were commenced and after evaluating the evidence it was established that he had committed an offence.
The court heard that the applicant has not offered evidence that National Cohesion and Integration commission, director of criminal investigation and inspector general o police have fettered their powers.
The application before the court has been over taken by event, saying already summons have been issued for the petitioner to appear in court on Monday to take plea, the judge was told.
” The petition dated October 6 is defective for seeking temporary injunction and even a conservatory order is provided under section 23 (1) of the constitution
The judge will deliver his ruling on Monday 12 morning whether to issue conservatory orders sought by the applicant
The summons were issued by Nairobi Chief Magistrate Daniel Ogembo on an application by the DPP
Ngunyi is to face four counts of having displayed on the open source webpage known as twitter to the effect that “Raila should be put on trial. The judge” Poverty- stricken Luos and Luhya’s craving his bondage charge, selfishness, selfishness, selfishness, the message was posted on 18 August 2015.
The prosecution says that Ngunyi did utter words that ” .The luo’s nation is spell bound by Raila, period that is why they call him Baba like Nyayo, in fact the only Baba after Nyayo, mental slavery, same was posted on 21 August 2015.
According to the charge sheet Ngunyi did post further that ” Are Luo poor no idea they should tell us there poverty stricken Luos yes statistics 82 per cent of the people in Bondo live below poverty line” he said in his twitter account.
Ngunyi has already filed a judicial review application seeking to block his prosecution
Ngunyi through his lawyer Jennifer Shamalla, told the court, that he is so apprehensive that the decision of the DPP might be taken up by the police before he is heard by the court.
The lawyer told the court that in a press statement dated October 5, the DPP ordered his prosecution over statement he posted in his twitter account.
M’s Shamalla urged the court to issue a temporary injunction to restrain, National Cohesion and Integration commission, director of criminal investigation and inspector general of police from arresting him.
The court heard that the decision to charge the applicant goes against the principles of fair administrative action has enshrined in the constitution.
