Activist wants Moses Kuria, seven others barred from holding public office

High Court Judge Joseph Onguto has declined to grant orders barring the eight Members of Parliament who were charged with hate speech and incitement to violence from holding public office.

In a petition filed at the Milimani Law Courts, Charles Kivuva had sued the eight lawmakers, arguing they have violated Article 6 of the Constitution of Kenya 2010 and therefore are not fit to hold any public office.

The matter was, however, not certified as urgent since the lawmakers have already been charged, even as Kivuva wanted the court to order  the Independent Electoral and Boundaries Commission (IEBC) and the Ethics and Anti-Corruption Commission (EACC) not to clear any person linked with hate remarks.

The MPs who named as respondents in the petition include Moses Kuria, Ferdinand Waititu, Kimani Ngunjiri, Timothy Bosire, Johnston Muthama, Junet Mohamed, Florence Mutua and Aisha Jumwa.

This comes after the court last week freed the eight legislators accused of hate speech and incitement to violence.

Nairobi Chief Magistrate Daniel Ogembo released legislators Johnston Muthama, Timothy Bosire, Aisha Jumwa, Junet Mohamed, Florence Mutua and Kimani Ngunjiri on a Ksh 1 million bond each with a surety of a similar amount or an alternative cash bail of Ksh 300,000.

Ogembo further released legislators Moses Kuria and Ferdinand Waititu on a Ksh 5 million bond each and a surety of a similar amount or Ksh 2 million bail.

The eight were arrested last Tuesday and locked up at the Muthaiga and Pangani police stations.