An activist has moved to court seeking to stop Kitutu Chache South MP Richard Onyonka from being charged with hate speech.
Fredrick Bikeri argued that the Director of Public Prosecutions Noordin Haji has no powers to direct the Inspector General of Police to investigate hate speech and incitement offences.
Onyonka was arrested on Tuesday after the DPP directed IG Hilary Mutyambai to investigate the utterances he made.
Through his lawyer Danstan Omari, Bikeri argues that the directive by Haji is illegal and that it is only the National Cohesion and Integration Commission that can issue such a directive.
Bikeri said the actions by the DPP are a legal misadventure that undermines the rule of law.
Omari argued that there is a pressing need that sanity is promoted within the borders, especially on the investigations and prosecution of hate mongers to avoid scenarios where people will be set free on technicalities.
