Kenyan MPs on hate charge freed after four nights in cold police cells

NAIROBI: The eight lawmakers facing hate speech charges in court were released yesterday after spending four nights in police cells.

The eight – Machakos Senator Johnstone Muthama and MPs Junet Mohamed (Suna East), Aisha Jumwa (Kilifi Woman Representative), Timothy Bosire (Kitutu Masaba), Florence Mutua (Busia Woman Representative), Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete) and Kimani Ngunjiri (Bahati) – were driven to the Milimani Law Courts under tight security. They were delivered at the court by 6am.

Milimani Chief Magistrate Daniel Ogembo ordered Kuria and Waititu each to deposit cash bail of Sh2 million to secure their freedom with an alternative bond of Sh5 million with a surety of similar amount. The magistrate noted that the two are repeat offenders, saying they have other pending cases of incitement.

“I have no doubt the accused persons are facing serious charges touching on national security. However, since they have been formally charged, I grant them bail,” Ogembo said.

Mr Ogembo directed Muthama, Junet, Jumwa, Bosire, Mutua - all (CORD MPs) - and Ngunjiri (Jubilee) to deposit Sh300,000 cash bail each or execute a Sh1 million bond and one surety of similar amount each.
Business came to a standstill at the busy Milimani Law Courts forcing judges and magistrates to suspend all cases set for hearing yesterday.
Security was tight at the law courts as anti-riot police cordoned off the entrance. Unlike when the MPs were arraigned in court on Tuesday, yesterday’s screening was conducted by police and only MPs, lawyers and journalists were allowed entry.
The MPs appeared exhausted and weary. At one time, Ngunjiri fainted in the dock, forcing Kakamega Senator Boni Khalwale, a medical doctor, to administer first aid on him before he was assisted out for additional aid before he returned to the courtroom to plead to the hate speech charges.
CORD leaders Raila Odinga, Kalonzo Musyoka and Moses Wetang’ula sat in court in solidarity with their five MPs who are facing various counts of incitement to violence. Kuria and Waititu looked dejected as leaders of the Jubilee coalition stayed away from the court.

Locked out of the court, CORD supporters kept chanting songs in praise of their leaders.

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For close to seven hours, top lawyers James Orengo, Okongo Omogeni, John Khaminwa, Cliff Ombeta and Harisson Kinyanjui put up a spirited fight to have the eight lawmakers released on bail.

However, State counsel Leonard Maingi stood his ground and urged the magistrate not to admit the suspects to bail on grounds that they are facing serious charges and were likely to repeat the offences.z

Bosire, Mohamed, Jumwa and Mutua were the first to have their charges read out. They all denied the charges of incitement to violence, ethnic contempt and hate speech.

They were accused that on June 13, 2016 at Capitol Hill Centre, they allegedly used threatening words to woo other communities which were intended to stir up ethnic hatred.
Muthama’s lawyers James Orengo, John Khaminwa and Okongo Omogeni protested over the prosecution’s move to charge the Senator over alleged remarks he had made in September last year.

They argued Muthama had been charged wrongly and that he was held on the strength of an affidavit concerning remarks made at a press conference at Capitol Hill.

In a sworn affidavit, the prosecution had on Tuesday alleged that Muthama was at the Capitol Hill press conference, but yesterday the incitement to violence charge read “On September 26, 2015 at Uhuru Park in Nairobi without lawful excuse uttered words that implied that it was or might be desirable to defeat by violence the lawful authority of the President of Kenya.”

This prompted Muthama to inquire about the date before he denied the charge.

Ngunjiri was accused that on June 11 at Kiamunyi estate in Nakuru, he allegedly uttered words that bordered on incitement to violence calculated to bring death and physical injury to a community living in Nakuru. He, however, denied calling for eviction of members of a certain community from the cosmopolitan county.

Kuria and Waititu were jointly accused of incitement to violence and disobedience of the law. It was alleged that on June 12 at Kasarani Gymnasium, they uttered words which indicated it is desirable to bring death and physical injury to CORD leader Raila. They denied the charges.

“No amount of cash bail or bond can deter some of the suspects from committing or repeating the offences they are facing. For instance, the court was clear on Kuria’s case that should he be charged again, his bond should be cancelled,” Mr Maingi told the court.

The prosecution had insisted on the detention for four more days, arguing that the period was sufficient for a forensic analysis of their statements captured on video, in order to come up with foolproof charges to guarantee a conviction.