Machakos Senator Johnstone Muthama pleads not guilty to incitement

Machakos Senator Johnstone Muthama and his co-accused Japheth Muroko in the dock at the Milimani Law Courts, yesterday. The two were charged with incitement to violence and disobedience of the law. (PHOTO: GEORGE NJUNGE/STANDARD)

Machakos Senator Johnstone Muthama yesterday pleaded not guilty to incitement to violence and disobedience of the law charges.

Mr Muthama arrived in court with zealous supporters, who waved placards and sang songs declaring his 'innocence'.

The Coalition for Reforms and Democracy (CORD) senator, clad in a dark grey stripped suit, a white and grey stripped shirt with a white collar and in a stripped pink tie, calmly listened to the charges read by the court clerk and answered that he was not guilty of the offense.

He was arraigned before Nairobi Chief Magistrate Daniel Ogembo alongside CORD supporter Japheth Muroko, who was also accused of a similar offence.

The charge was that on September 23, this year, at Uhuru Park he uttered words, which indicated it desirable to cause death or injuries to persons in Kenya.

Mr Muthama had fronted eight lawyers to defend him and had Sh50,000 in cash, anticipating that the magistrate would order him and his co-accused to pay bail of Sh25,000 each.

His lawyers John Khaminwa, James Orengo, Harun Ndumbi, Mutula Kilonzo Junior, Edwin Sifuna, Kethi Kilonzo, Julie Soweto and Anthony Oluoch wanted the senator to pay the cash in court.

Money in pocket

"Your honour, you should consider releasing the senator and the businessman at generous terms. I have the money in my pocket. Call the cashier to come to the courtroom to receive the money," Mr Khaminwa told the magistrate as he drew the bundle of cash secured with an elastic band from his hind pocket.

The application by lead lawyer Khaminwa to release Muthama and Muroko on Sh50,000 cash bail was opposed by prosecution counsel Leonard Maingi who told the court that the charges against the two were similar to those against political analyst Mutahi Ngunyi who was released on a Sh500,000 cash bail on Monday this week.

"The charges against the senator are similar to those of Mutahi Ngunyi and thus he should be released under similar conditions. Incitement to violence is not a light thing. But we, however, leave it to the court to determine the bail or bond terms," Mr Maingi submitted.

The magistrate ruled that the case against the two was not similar to that of Mr Ngunyi, noting the two were charged under Kenya's Penal Code whereas the political analyst was charged under the National Cohesion and Integration law.

"The amount of bail should be equivalent to the charge against the accused persons. The proposal of Sh25,000 in cash is on the lower side.

"The accused shall be released on a Sh100,000 cash bail or a bond of Sh300,000 with a surety of similar amount," said Justice Ogembo.