DPP drops hate speech charges against Muthama

Court allows application under Criminal Procedure Code

In Summary

• He was accused of uttering words meant to indicate a desire to be in a physical fight with the mentioned persons. 

Former Machakos Senator Johnstone Muthama in City court on Wednesday
FREE: Former Machakos Senator Johnstone Muthama in City court on Wednesday

A city court on Tuesday acquitted former Machakos Senator Johnstone Muthama after DPP Noordin Haji withdrew incitement to violence charges against him.

Chief magistrate Roseline Oganyo sitting at City Hall court allowed an application by the DPP through senior state counsel Willy Momanyi that Muthama be acquitted under the Criminal Procedure Code. 

Muthama had been charged that on September 10, 2017, at Isinya town of within Kajiado county, without lawful excuse uttered the following words, "Mimi naalika Uhuru Kenyatta na Mheshimiwa Ruto pale Uhuru Park bila askari na mimi na Orengo tuvae gloves tukutane Uhuru Park tuoneshe kilicho mng'oa kanga manyoa:unatisha Raila kama nani?"


The words, the court found, indicated that it might have been desirable to engage in a physical fight which was calculated to bring death or physical injury to someone.

However, Dr John Khaminwa representing Muthama opposed the section saying it will remain hanging on Muthama's shoulder. He asked the court to instead acquit him.

While granting the prosecution's request for withdrawal, the magistrate said that the court has considered the application by DPP since he has powers to do so at any stage in a criminal case before judgment.