NCIC wants Mutahi Ngunyi prosecuted in court, refuses out of court settlement

The National Cohesion and Integration Commission (NCIC) has turned down a request by political analyst Mutahi Ngunyi to settle an ethnic contempt case facing him out of court.

His lawyer Jenifer Shamala says that she received the letter from NCIC Tuesday morning rejecting the reconciliation efforts.

However, NCIC says it sent the letter to Shamala on time, even as the prosecution expressed readiness to proceed with the case filed by the Law Society of Kenya (LSK) with only one witness.

Principal Magistrate Martha Mutuku set March 22nd as the hearing date saying she will not allow any further adjournment of the case.

Ngunyi is facing four counts of ethnic contempt and hate speech over his remarks posted on social media referring to a particular community as ‘poverty-stricken.’

In October 2015, Ngunyi was arraigned at the Milimani Court over the controversial Twitter posts.

Ngunyi denied the charges and was freed on a Ksh 200,000 cash bail or a bond of Ksh 500,000.

In the posts, Ngunyi stated: “The LUO NATION is spell bound by RAILA. Period. That is why they call him BABA like NYAYO. In fact the only BABA after NYAYO. Mental SLAVERY.”

The posts sparked fury within the Luo community with LSK CEO Apollo Mboya calling for his prosecution.

In a letter to the National Cohesion and Reconciliation Commission (NCIC), Mboya stated that Ngunyi’s posts on social media were intended to incite the public against a certain community.

“My attention has been drawn to the contents of the twitter account of one Mutahi Ngunyi, together with comments thereto which has been brought to my attention by concerned members of the public,” read the statement in part.

“In particular, the posts target members of a specific community as lacking individuality and in a state of mental slavery, assertions that are not only false but may very well constitute hate speeches directed at specific members of a community for which I am a member.”

Ngunyi later ruled out apologising to the ODM leader Raila Odinga but expressed remorse to the Luo community over the remarks.

The tweet stated: “I apologize to the LUO NATION unreservedly. No harm INTENDED. I am a product of Luo SCHOLARS whom I RESPECT immensely. I eat the HUMBLE PIE (sic).”

The Luo Council of Elders rejected a goat offer from Ngunyi as a token of his apology to the community over his remarks.