Muthama, Ngunyi to be charged for incitement, hate speech DPP

Machakos Senator Johnstone Muthama and political analyst Godfrey Mutahi Ngunyi will now face charges of incitement to violence and ethnic contempt respectively.

This follows the Director of Public Prosecutions Keriako Tobiko’s directive that the two be charged for the offences.

In a statement to the newsrooms, Tobiko said that there was sufficient evidence to charge the two who have already been investigated by the Directorate of Criminal Investigations (DCI) and the National Cohesion and Integration Commission (NCIC).

Senator Muthama is charged against political activist Japheth Muriira Muroko that on September 23^rd, 2015 during a Coalition for Reforms and Democracy (CORD) solidarity with teachers rally held at Uhuru Park, made utterances and allegations that are considered inflammatory and contrary to Section 96(A) of the Penal Code.

In his remarks, that have been described as indelicate, Muthama questioned government’s willingness to deal with graft in government saying there had been lenience in the handling of allegations of the corruption linked to Devolution Cabinet Secretary Anne Waiguru.

Muthama, who was also accused of linking CS Waiguru and President Uhuru Kenyatta to an intimate affair, defied calls from the different factions to apologize saying that he made remarks that could be verified.

It is alleged that Senator Muthama uttered words that are disrespectful to President Kenyatta, CS Waiguru and propagated hate speech.

Upon receipt of the news, Interior Cabinet Secretary Major Gen. (Rtd.) Joseph Nkaissery ordered for immediate investigations into the allegations of hate speech against the Senator who was accused of undermining the Office of the President.

CORD leaders faulted police for summoning Muthama over the controversial remarks saying the senator had no case to answer.

On the other hand, Mr. Ngunyi is accused of contradicting Section 62(I) if the NCIC Act in messages he allegedly posted on his twitter account directed to former Prime Minister Raila Odinga and the Luo community.

However, Ngunyi said his issues with CORD leader Raila Odinga are personal and he would not apologise to him.

This was after he appeared before the National Cohesion and Reconciliation Commission (NCIC) for grilling where he apologized, for the second time, to the Luo community for his controversial twitter posts claiming they are “poverty-stricken”.

At the same time, the DPP has directed that a file submitted to him by the DCI on investigations of incitement to violence by controversial Gatundu MP Moses Kuria be subjected to further probe.

The DPP said that he had recommended the closure of a file in which Kuria was accused of inciting his constituents to “cut those who are opposing the National Youth Service Empowerment programs with pangas” with no further police action due to lack of sufficient evidence to press charges but the DCI resubmitted the file with more directions.

He has now given the DCI fourteen (14) days to conclude investigations and resubmit the file to him. He has also directed that NCIC be enjoined in the investigations as elements of hate speech may be involved in the utterances under investigations.