High Court fails to suspend summons on Mutahi Ngunyi

POLITICAL ANALYST MUTAHI NGUNYI

NAIROBI: The High Court has declined to suspend summons issued to political analyst Mutahi Ngunyi to appear before a magistrate's court on Monday.

Judge Joseph Onguto said he will rule on the application to prevent him from appearing in court on the same day.

Mr Ngunyi's lawyer Jeniffer Shammalla had sought an injunction prohibiting proceedings, prosecution and summons requiring Ngunyi to appear in court for purposes of prosecution.

"Your honour, we seek that the court restricts the Director of Public Prosecutions (DPP) from arresting and charging the applicant pending the hearing of the petition before the court," she submitted.

They argued that if Ngunyi appeared before the magistrate's court, the application would then be null and void.

The defence added that the DPP's action to issue a press statement on the matter when the case was in court was in bad faith.

"Your honour, moving to the magistrate court and obtaining summons for the petitioner to answer to charges of ethnic contempt displays bad faith on the side of the prosecution since the High Court matter is still pending," said Ms Shammalla.

She said the National Cohesion and Integration Commission (NCIC) had acted in discrimination by terming Ngunyi's sentiments on twitter as ethnic contempt.

However, State Counsel Leonard Maingi said the subject matter was to question the basis of prosecution and not to prevent any action from the DPP.