Machakos Senator Johnstone Muthama at Milimani Magistrate court where he pleaded not guilty (FILE PHOTO).
BY SAM ALFAN.
A magistrate court is on the spotlight after it cleared Machakos Senator Johnston Muthama off allegations of incitement.
According to the Director of Public Prosecution, the mandate to clear Muthama was in the discretion of the High Court and not a magistrate court.
He will therefore appeal the decision acquitting Senator Muthama.
“The magistrate court has no jurisdiction to make findings on constitutional issues, “Dpp argues
He says that it is only the high court and other superior courts which have the mandate to interpret and make findings on constitutional issues.
High court Judge Luka Kimaru certified the matter urgent and set a hearing date on August 18.
Late last month Chief magistrate Daniel Ogembo dismissed the charge against the senator, saying it was unfair to have him in custody for four days for an offence he committed in 2015.
Muthama was in June this year charged alongside seven other lawmakers with incitement to violence. He denied the charge.
