Lawyer protests over delay in hate speech case against Mutahi Ngunyi

Political Analyst Mutahi Ngunyi at the Milimani Law courts during a past hearing of a hate speech case against him. PHOTO: FILE

NAIROBI: A defence lawyer for political analyst Mutahi Ngunyi on Monday protested what he termed delay by the prosecution to turn up in court for the hearing of hate speech case against his client.

The case was set for hearing Monday but the prosecution asked for an adjournment on grounds that State Counsel Moses Omirera who is handling the matter was said to be committed elsewhere.

The prosecutor Alice Penda told the court that Mr Omirera was yet to receive a report from the National Cohesion and Integration Commission (NCIC) which is part of the evidence the prosecution seeks to rely on. She said the prosecution intends to call only three witnesses during trial.

Ngunyi's charges are in relation to messages he allegedly posted on his Twitter account about Coalition for Reforms and Democracy leader Raila Odinga and the Luo community. The case against Mr Ngunyi follows a complaint by Apollo Mboya who represents the Law Society of Kenya at the National Cohesion and Integration Commission (NCIC).

Mr Ngunyi has since denied the charges and is out on a Sh200, 000 cash bail or a Sh500, 000 bonds with one surety of a similar amount.

On Monday, the first witness in the case former Law Society of Kenya CEO Apollo Mboya was to be cross-examined by the defence but Omirera's absence forced the court to adjourn the case.

However, Ngunyi's lawyer Wilfred Nderitu opposed the adjournment saying it's the duty of the prosecution to prove its case and not the NCIC. "The reasons advanced for the adjournment by the prosecution are not satisfactory. The NCIC has little to do with the court process and the prosecution ought to be seized of this case," Nderitu told Milimani Senior Principal Magistrate Martha Mutuku.

"As this is a matter of great public interest I direct that it proceeds to trial on February 9 and 10 without further delay. The prosecution ought to be present without fail," the magistrate said in her brief ruling.

A Nairobi court had on January 13 given Ngunyi, more time to settle the matter out of court. Mr Ngunyi's lawyers, Jennifer Shamala and Michael Amalemba, told the court that their client had written to the National Cohesion and Integration Commission (NCIC) to notify it of his intended reconciliation.

Ms Shamalla asked the court to grant them more time, saying that they had written a letter dated December 9, 2015, to Director of Public Prosecutions (DPP) and NCIC seeking to settle the matter out of court. The Senior Principal Magistrate Mutuku allowed Ngunyi to pursue reconciliation and report to the court on his progress on March 1. The magistrate allowed an application made by the accused to be given more time to reconcile with NCIC and Apollo Mboya who represents the Law Society of Kenya. Ms Shamala said the Constitution has a window for reconciliation and Ngunyi should be given an opportunity to exercise that right.

However, on March 2 NCIC opposed the out-of-court settlement request by Ngunyi. This is after the Director of Public Prosecutions Keriako Tobiko wanted the case to proceed to a full hearing.