Former Nairobi Mayor George Aladwa yesterday urged a court to terminate the charges of incitement to violence against him, saying they are defective.
The Nairobi ODM chairman, through his lawyer John Khaminwa, told trial magistrate Daniel Ogembo that the charge sheet violates the Constitution as it is not consistent.
"A charge is a state document and must be consistent with the Constitution," he said.
The case was scheduled for hearing yesterday but could not proceed after the defence said the charge sheet does not contain sufficient details as required by law.
The lawyer said the police do not have a mandate to prosecute any criminal proceedings. He said constitutionally only the DPP has the powers to prosecute.
He also said politicians have freedom of speech while addressing the public during rallies and their rights should not violated.
But the prosecution led by Duncan Ondimu dismissed the defence's application, saying the charge sheet is properly drafted and contains sufficient details of the allegation of incitement to violence.
He said the accused understood the charges against him and did not object during plea taking.
"The court should not allow the defence application since by doing so it will allow the consequences of 2007-08 to incur. No politician is allowed to incite people during any public rally," the prosecutor said.
The prosecution alleges that Aladwa uttered words indicating it was desirable to bring death to certain Kenyans in Kibera on October 20 last year.
He is out on Sh3 million bond with an alternative Sh500,000 bail.
The magistrate will deliver his ruling on November 15.