MCA in court for hearing of case he is accused of undermining President Uhuru Kenyatta

Kisii, Kenya: A member of the Kisii County Assembly appeared in court on Tuesday for the hearing of a case he is charged for allegedly undermining President Uhuru Kenyatta in public.

Kiogoro ward representative Samuel Aboko Onkwani was charged with uttering offensive words against the President.

He was charged with undermining the authority of a public officer contrary to Section 132 of the Penal Code.

The section provides that any person who, without lawful excuse utters, prints, publishes any words, or does anything calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer is guilty of an offense.

The accused through defense lawyers, Samson Nyagaka and Gideon Nyambati argued that the evidence given in court was misleading and meant to infringe the rights of their client.

In their cross examination of the first witness Calvin Kengara, Kerera area chief, the defense maintained that their client had not undermined the president.

Appearing before Principal Magistrate Kibet Sambu, Nyambati told the court that the words given by Kengara were not correct and chose to give the correct translation of what Mr Apoko had said.

Nyambati read to the court what he said was the correct translation of the words his client had spoken. "Those who are close to the in-charge of this world should advise him to stop taking bitter substances."

Early on, the first witness went missing from the court premises forcing the magistrate to call for a private session with the counsel in the chambers even as the defense counsel requested for the magistrate to issue warranty of arrest against the witness.

The state counsel lead by Desmond Majale could not explain where the witness was and called for adjournment of the case, which defense lawyer Nyagaka Samson opposed.

"Am disturbed and perturbed by the occurrence of events today. We should handle these matters with the highest form of professionalism. You should respect this court," said Kibet.

Nyambati added: "It leaves a lot to be desired how the state handles its case. The witness remains the property of the court until he leaves the dock."

Hearing will resume on 17th March 2014 when both sides will cross examine the remaining three witnesses.