Former Machakos Senator Johnstone Muthama with Gatundu South Member of Parliament Moses Kuria before Nairobi Magistrate Court where they pleaded not guilty to incitement to violence charges on Tuesday September 12,2017.

Gatundu South Member of Parliament Moses Kuria and former Machakos Senator Johnstone Muthama have secured their freedom on cash bail of 300,000 shillings each.


They were separately charged and pleaded not guilty to incitement to violence charges.


Nairobi chief magistrate Francis Andayi further directed the two accused persons to sign a 1 Million shillings each as a personal commitment that they will maintain the law and not commit similar offenses.


According to the charge sheet presented to court Muthama is alleged that on 10th of this month at Isinya town within Kajiado County he uttered words which indicated that it might have been desirable to engage in a physical fight which was calculated to bring death or physical injury to persons.


Chief Magistrate Francis Andayi had earlier warned the politicians against “misbehaving” but they protested saying they were still innocent until proven otherwise.

The former senator was represented by a team of 13 lawyers led by Senator James Orengo, John Khaminwa, Harun Ndumbi among others.

The lawyers also said that they will appeal the ruling requiring Muthama to enter into a recognizance saying it’s presuming that he is guilty.


Mr. Kuria was separately charged that on the 5th of this month at Wanginge Market Kikuyu sub County within Kiambu County used abusive words to wit. The prosecution claims that the words were abusive and intended to bring physical injury to a person.


Kuria’s lawyer Cliff Ombeta had asked the court to grant him free bail arguing the prosecution has no case.

Ombeta argued the prosecution’s decision to charge the MP was meant to embarrass him by denying him the chance to attend the opening of the 12th Parliament.

Kuria was represented by lawyer Cliff Ombeta and Francis Munyororo.


Lawyers representing Muthama and Kuria indicated to the court that they will be challenging the particulars in the charge sheet. Lawyer John Khaminwa said that the charge against Muthama is ridiculous.


The cases will be heard separately on the 23rd of January 2018.


Further, the defense complained to the court saying that the charges brought before the court are different with the charges entered in the occurrence book in Pangani Police station.


Earlier in the day, the Prosecution was given two hours to decide whether they will press charges against Former Machakos Senator Johnstone Muthama.


This is after state counsel Aloys Kemo said that they need time to review Muthama’s file before charging him.


However, lawyers representing the former Lawmaker opposed to the application saying that Muthama’s rights have been infringed by police and the prosecution. They want the court to released Muthama on bond pending investigations and prosecution.


Justice Luka Kimaru allowed the prosecution to review the file and come up with a concrete plan on the next step on whether they will charge Muthama or not.