• The magistrate added that the court will however not tolerate what she termed as drama.
• Cherargei was in court for a hearing of his case where he has denied hate speech charges.
A Nairobi court on Tuesday directed the investigating officer to probe Nandi Senator Samson Cherargei for causing a disturbance in court. https://bit.ly/3INUcD7
Image: EZEKIEL AMING'A
A Nairobi court on Tuesday directed the investigating officer to probe Nandi Senator Samson Cherargei for causing a disturbance in court.
Cherargei was in court for a hearing of his case on hate speech. He has denied the charges.
Chief magistrate Wendy Micheni asked the Director of Criminal Investigations George Kinoti or Inspector General of Police Hillary Mutyambai to investigate the legislator’s conduct and whether it constitutes disturbance or obstruction of justice.
The magistrate said the police should pick today’s proceedings in court and see whether the conduct constitutes an offence.
The court made the directive after Cherargei made attempts to stall the trial by making numerous applications including asking Kagendo to recuse herself from the case.
He claimed the magistrate was not giving him a fair trial.
"I will therefore not recuse myself (from the case). I am not hostile to the accused person and I have no interest in the matter. It is my finding that the application for recusal is another way to find adjournment through the back door” the magistrate ruled.
The senator had asked for an adjournment of his case since Monday when his trial commenced.
While dismissing the application, Kagendo said the senator’s conduct had become unruly.
The application was a second attempt by the lawmaker to stall the trial.
He made the application seeking to adjourn the case on Monday, saying that his lawyer appearing before another court was rejected and the first witness gave his evidence.
The magistrate added that the court will however not tolerate what she termed as drama.
This was after he delayed the case from 10am to 1pm.