High Court declines to stop Senator Johnstone Muthama's arrest

Nairobi, Kenya: Efforts by Machakos Senator Johnstone Muthama to block his arrest over hate speech claims hit a snag after High Court refused to grant his wish.

Muthama had moved to court Thursday to seek orders stopping Inspector General of Police Joseph Boinnet from arresting him after Director of Public Prosecutions Keriako Tobiko recommended that he be charged.

"Although I have certified the matter as urgent, I cannot issues the orders sought until I hear the respondents in this case. I direct the petitioner to serve the respondents and appear in court tomorrow (Friday) for further directions," Justice Joseph Onguto said in his brief ruling.

Justice Onguto said there are safeguards in the constitution that will ensure Muthama's rights are observed.
Muthama's charge is in relation to comments that he made at a Coalition for Reforms and Democracy (CORD) rally in Nairobi on September 23.

The DPP had also directed that Senator Muthama and Japheth Muriira Muroko be charged with incitement to violence in relation to statements and utterances they allegedly made during the Uhuru Park rally.

Muthama, through lawyers James Orengo, John Khaminwa and Harun Ndubi, had asked the court to restrain the IG from arresting or instituting criminal charges against him based on Mr Tobiko's recommendations.