DPP Keriako Tobiko yesterday sought the adjournment of a case in which Kiambu Governor William Kabogo is accused of making disparaging utterances against Cord leader Raila Odinga.
State prosecutor Duncan Ondimu told the court Tobiko wants to review the entire case before he proceeds. Ondimu had initially told magistrate Martha Mutuku he would present four witnesses, but retreated after calling two.
“Following what the two witnesses have told the court, I do not want to call the other two today to avoid repetition,” he said.
During celebrations to mark musician John de Mathew’s 30-year music career at Thika Stadium on October 25 last year, Kabogo said “foreskin inhibits thinking”. The statement was taken to be directed at Raila.
Witness Mathew said Kabogo did not mention any politician in his speech. Another witness, Charles Kareri, said Kabogo talked of young boys in the village “who need help getting circumcised”. Kareri told the court Kabogo said, “As we approach December, young boys should go for circumcision.”
The prosecution has eight witnesses. Kabogo’s lawyers Issa Mansur and Edward Oonge opposed Ondimu’s application for an adjournment, saying the governor wants the case concluded urgently so he can concentrate on his duties.
“There is no justifiable reason given by the prosecution to warrant the delay. Whatever evidence it has, it should bring it before the court or close the case,” Oonge said.
Ondimu said the law allows him to review an ongoing case and that it was the first adjournment he was seeking. “The application is not equitable to us abandoning the case. We are not shying away from our responsibility,” he said. Both parties agreed the hearing be pushed to November 28.