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.
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.
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 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.
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