Machakos Senator Johnstone Muthama with political activist Japhet Muriira Muroko at milimani law courts where they were charged with incitement to violence on Tuesday October 13,10,2015.
BY SAM ALFAN.
Machakos Senator Johnstone Muthama has been arraigned in court and charged with incitement to violence.
Muthuma pleaded not guilty to the charges.
Nairobi Chief Magistrate Daniel Ogembo directed the senator and his co-accused to execute personal bond of 100,000 shillings with the option of 300,000 bond to secure his freedom.
Machakos Senator Johnstone Muthama appeared before Nairobi magistrate Daniel Ogembo on Tuesday morning where he faced incitement charge which he is alleged to have committed during a CORD rally at Uhuru Park last month at.
According to the charge sheet it is alleged that on the 23rd of September at Uhuru park in Nairobi county,Muthama incited the public to violence.
Muthama, was charged alongside political activist Japheth Muriira Muroko,and was represented by a team of lawyers led by John Khaminwa, Haroun Ndubi and Kethi Kilonzo among others.
Muroko faced a charge translated from Swahili to mean: “We are saying, the motion being brought to impeach Uhuru, any Member of Parliament who votes against it will be lynched.”
The offence, according to the prosecution, was committed on September 23 at Uhuru Park, Nairobi.
This comes two days after Machakkos senator Johnstone Muthama has been summoned to appear in court on Thursday 15 to answer charges of incitement to violence and disobedience of the law.
This comes after his attempt to stop prosecution was declined by the high court judge Justice Joseph Onguto.
Senior Director of Public Prosecution Dr Leonard Maingi told court that there is sufficient evidence linking the senator to incitement arising from CORD rally that took place at Uhuru Park on 23 September 2015.
He told chief magistrate Daniel Ogembo that the senator will be charged along side political activist Japhet Muriira Muroko.
The prosecution says that the senator at the rally he uttered words.
” Kunzia Wiki Ijayo Kama Walimu Hawatalipwa Hakuna Mtu Ataenda Kufanya Kazi, Na Yule Ataenda Kufanya Kazi Atakula Mawe” From next week if teachers will have not been paid nobody will go to work and whoever goes shall be stoned”
Which words according to the prosecution indicated to bring death and physical injury to innocent Kenyans.
The activist will plead to the charges of having uttered words to effects that.
“We are saying the motion being brought to impeach Uhuru, any member of parliament who votes against it will be lynched:
Justice Onguto while declining to issue conservatory against the two accused persons said that the court cannot issue order until the director of public prosecution, the cabinet secretary for interior and co-ordination of national government and inspector general of police have responded to the application by the senator.
The judge directed the petition be served upon the respondents and the matter be heard tomorrow inter parties for the court to determined whether to issue the conservatory order sought.
The senator through a battery of lawyers led by Dr John Khaminwa, James Orengo and Antony Oluoch, separately in their submissions told the court that their client is being charged with offence of incitement to violence which is contrary to Article 50 (1) of the constitution.
The extent that the charge of alleged incitement to violence under Article 96 (a) purports to shift the burden of proof and takes away presumption of innocence.
The court hear that the decision of the DPP is selective and discriminatory that is not based on proper investigation has required by law.
”The utterance made by the petitioner was well within his right as senator and citizen of the Kenya” the court heard.
Muthama he said to have told the crowd at the rally.
”That failure of the government of the day to listen the rising tide of security with the republic”
he further said that
Failure by the government to respect public institution to protect public monies lost through corruption by government officers and refusal by the government to obey judicial orders”
During the rally the senator was heard saying that Waiguru was President Kenyatta ‘s lover that head of state was careless who per-occupied by the cabinet secretary and he should be smoked out state house
All that he senator said the lawyers told the court was within his constitutional rights and freedom of speech.