Muthama faces defamation suit

From left, Machakos Senator Johnson Muthama, Wiper Democratic Movement Leader Kalonzo Musyoka and Kakamega Senator Boni Khalwale dance during a rally at Uhuru Park in Nairobi on September 23, 2014. PHOTO | GERALD ANDERSON | NATION MEDIA GROUP 

In Summary

• According to the investigators, Mr Muthama should be arrested and held in custody over the words he uttered at an opposition rally at Uhuru Park, Nairobi, on Wednesday last week.
• The others are Tana River Senator Ali Bulle and his Uasin Gishu counterpart, Mr Isaac Melly. Mr Bulle, according to police, threatened members of one ethnic group, while Mr Melly led a student demonstration in Eldoret.
• The commission later said it did not take any statement from Mr Muthama because he had recorded one with the Directorate of Criminal Investigations last Saturday.

By SAMWEL BORN MAINA
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By STELLA CHERONO
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Police have said they have enough evidence to charge Machakos Senator Johnson Muthama with making defamatory remarks against President Uhuru Kenyatta.

According to the investigators, Mr Muthama should be arrested and held in custody over the words he uttered at an opposition rally at Uhuru Park, Nairobi, on Wednesday last week.

His file is one of the five sent to Director of Public Prosecutions Keriako Tobiko, recommending the charging of individuals “who utter statements that amount to incitement and hate speech”.

The others are Tana River Senator Ali Bulle and his Uasin Gishu counterpart, Mr Isaac Melly. Mr Bulle, according to police, threatened members of one ethnic group, while Mr Melly led a student demonstration in Eldoret.

SLANDEROUS REMARKS
Also recommended for prosecution is political consultant Mutahi Ngunyi and a Mr Japheth Thuranira. 

Mr Muthama is expected to be charged alongside Mr Thuranira for making slanderaous remarks aimed at President Kenyatta and Devolution and Planning Cabinet Secretary Anne Waiguru.

Mr Tobiko said he had received the files from the Directorate of Criminal Investigations, National Cohesion and Integration Commission and his office.

He said the investigators had found sufficient evidence to charge Mr Muthama and Mr Thuranira with incitement.

“I will study the files and make a decision in the next few days,” he said.

Today, Mr Muthama presented himself to the cohesion team, but did not record a statement as had been instructed earlier.

The Machakos senator was summoned by the cohesion team on September 24 to record statements.

PARALLEL INVESTIGATION
The commission later said it did not take any statement from Mr Muthama because he had recorded one with the Directorate of Criminal Investigations last Saturday.

In a letter presented to Mr Muthama, who was accompanied by his Siaya counterpart, Mr James Orengo, and his lawyer, Mr John Khaminwa, the commission said a parallel investigation into the matter was being conducted by the DCI.

Commission Secretary Hassan Mohamed said they would rely on statements recorded by Mr Muthama and other evidence.

“The commission’s officers were present at the rally and took notes. We are not yet done with him,” Mr Mohamed said.

The commission has also recommended the prosecution of Mr Melly, who led a demo against University of Eldoret Vice-Chancellor Teresa Akenga in February.

Mr Ngunyi is to be prosecuted over offensive remarks he allegedly made against the Luo community.

HATE MESSAGES
Mr Ngunyi recently presented a white goat to Law Society of Kenya CEO Apollo Mboya as an apology to the community.

Mr Mboya had asked police to investigate Mr Ngunyi’s Twitter posts.

Another leader under investigations is Gatundu South MP Moses Kuria. Mr Tobiko dismissed a report by the police exonerating Mr Kuria, who told his constituents to beat up politicians opposed to National Youth Service projects.

The DPP directed investigations into the matter but is yet to get a report.

Mr Kuria faces other charges, including spreading hate messages against the Luo community.