Senator Muthama ordered to appear before court over incitement

Machakos Senator Johnstone Muthama and activist Japhet Muroko have been ordered to appear in court on October 15^th to take plea over allegations of hate speech and incitement to violence.

Milimani Courts Chief Magistrate Daniel Ogembo ordered the two to appear in person and take plea over the charges leveled against them.

This comes just a day after the High Court declined to grant temporary orders to stop the arrest of Muthama.

Muthama, together with activist Muroko, moved to the High Court after the Director of Public Prosecutions (DPP) Keriako Tobiko recommended they be charged with incitement to violence in regards to their utterances at Uhuru Park during a political rally.

In his application, Muthama said the action to arrest and prosecute him is punitive and discriminatory.

Through his lawyers, Muthama contested his prosecution stating that the recommendation was politically influenced contrary to the constitution.

Justice Joseph Onguto directed Muthama’s lawyers to serve the parties sued, among them the DPP and Interior Cabinet Secretary Major Gen. (Rtd.) Joseph Nkaissery, pending an inter-parties hearing of the matter on Friday, October 9th.

In the case, the two are said to have made utterances and allegations that are considered inflammatory and contrary to Section 96(A) of the Penal Code during a Coalition for Reforms and Democracy (CORD) rally.

In his remarks, that have been described as indelicate, Muthama questioned government’s willingness to deal with graft in government especially in the case of the National Youth Service graft issue.  

Muthama, who was also accused alleging that CS Waiguru and President Uhuru Kenyatta were involved in 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.