Tobiko appeals against courts decision to dismiss Muthamas case

Tobiko appeals against courts decision to dismiss Muthamas case

The Director of Public Prosecution Keriako Tobiko has appealed against court’s decision to throw out a case against Machakos Senator Johnston Muthama.

The DPP said that the Magistrate’s Court erred in dismissing the incitement to violence charges against Muthama, adding that it had no jurisdiction to make findings on constitutional matters.

In his submission on Tuesday, Tobiko noted that it is only the High Court and other superior courts that have the mandate to interpret and make findings on issues touching on the constitution.

High Court Judge Luka Kimaru certified the case as urgent and directed that the matter be heard inter-party on August 18, 2016.

Late last month Chief Magistrate Daniel Ogembo dismissed the charge against the Senator, saying it was unfair to have him in custody for four days for an offence he committed in 2015.

Muthama was in June this year charged alongside seven other legislators with incitement to violence. He denied the charge and was released on a Sh1 million bond each with a surety of a similar amount or an alternative cash bail of Sh300,000.

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Keriako Tobiko Johnson Muthama

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