Lawyer protests, says the matter had dragged in court
Image: COURTESY
A Nairobi court has declined to dismiss a case in which former Machakos Senator Johnson Muthama is charged with incitement to violence.
Milimani chief magistrate Francis Andayi said the application was premature given the Director of Public Prosecutions was yet to give directins on the way forward.
The application had been filed by Muthama's lawyer John Khaminwa.
“I cannot give a substantive order such as dismissing a case in the absence of an accused person. The application is premature and the only logical thing to do is to fix a hearing date,” Andayi said.
Last month, the DPP Noordin Haji was given until December to decide whether he would withdraw the charges against Muthama and Makadara MP George Aladwa.
Andayi had said it was the last chance given to Haji after the prosecutor sought more time to receive directions from their boss.
Both Muthama and Aladwa have accused the prosecution of delaying the case.
Andayi said he was reluctant to grant the last adjournment of the hearing against the duo. Six witnesses have so far testified.
“The prosecutor, who is in court today, does not have proper instructions or directions in regard to this matter and I will, therefore, grant the last adjournment. It is more than five years now. The matter has fallen under a backlog of cases,” Andayi said.
Khaminwa said his clients were being discriminated against by the delays.
"As has been set out by authorities, a magistrate has jurisdiction and is at liberty to dismiss a case if the prosecution is not taking the case seriously,” Khaminwa said.
He told the court that a magistrate should always have in mind that justice delayed is justice denied. Haji is said to be reviewing the files.
"Muthama has appeared in court many times and at all times and he is always told that the DPP is still reviewing the file," Khaminwa said.
Muthama is charged alongside activist Japheth Muroko, alias Japheth Thuranira. They are out on Sh100,000 bail each. Aladwa was separately charged with a similar offence.
Court papers say Muthama uttered, "From Friday next week if teachers will not have been paid, nobody will go to work and whoever goes shall be stoned."
The remarks were made during a Cord rally at Uhuru Park on September 23, 2015. Muthama, who was then Machakos senator, spoke in Kiswahili.
The prosecution says it indicated that it was desirable to bring death and physical injury to persons in Kenya.
on Tuesday, the prosecution a further extension of one month to have directions from the DPP ready.
The matter will be mentioned on January 29 ahead of hearing on March 4, next year.
edited by p. obuya