Former Nairobi mayor and Orange Democratic Movement Nairobi chairman George Aladwa leaving Milimani law court with his supporters after high court declined to cancel granted to him by trial court.
SAM ALFAN.
Director of Public Prosecutions Keriako Tobiko has suffered a major blow in his bid to cancel bail issued to former Nairobi mayor and Orange Democratic Movement Nairobi chairman George Aladwa.
George Aladwa escaped spending his life in custody until his incitement to violence case is heard and determined after high court declined to detain him as sought by DPP.
Mr Tobiko had asked the court to cancel bond of Sh 3 million with an alternative cash bail of Sh500, 000 pending hearing and determination of his case.
Nairobi Chief Magistrate Daniel Ogembo dismissed an application by the Director of Public Prosecutions (DPP) to have Mr Aladwa detained till the case is heard and determined.
The prosecution asked the court to deny the former Nairobi mayor bond on the grounds that there is an increase in hate speech and incitement cases in the country.
The DPP had earlier filed an affidavit opposing the release of Aladwa on either bond or cash bail.
But Justice James Wakiaga said the DPP failed to show evidence that the former Nairobi mayor has violated terms given by trial court when bail terms were set.
Aladwa, who is facing an incitement case, denied making statements that amount to ethnic hatred and incitement to violence, saying he was misquoted.
This is after DPP moved to the high court seeking bond cancellation against former Nairobi Mayor George Aladwa and Gatundu South MP Moses Kuria.
DPP through Deputy Director of public prosecution Dr Leonard Maingi, says that the two politicians have continued to engage in hate speech in violation of conditions given them when they were separately released on bond.
Dr Maingi said that it against the order of the court issued by the trial court that the prosecution seeks cancellation of the bond terms issued to the two politicians.
Justice Grace Ngenye of criminal division, was informed by the defence lawyer Dr John Khaminwa who represent Aladwa, that the application by the DPP was served late on them and sought more time to respond
The court fixed the hearing of DPP’s application against Aladwa on January 6 while Kuria’s case will be heard on January 19.
Dr Maingi told the court that even stringent bond terms had not deterred politicians such as Gatundu South MP Moses Kuria from making inflammatory remarks. He also cited Kiambu Governor William Kabogo’s remarks that he had the money to defend himself in court.
The prosecutor said Mr Aladwa uttered words indicating it was desirable to bring death to certain Kenyans and “in calling for the death of Kenyans, he challenged the existence of an open and democratic society”.
In Kuria’s case the DPP says that after being warned by the court when he was charged he proceeded to post in his face book words that could lead to incitement to violence.
Dr Maingi said that on January 2015 he posted content to his Facebook page referring the bible verse Genesis 17.14 which refers to cultural practice on circumcision
