Two charged with heckling unions’ boss

Two activists who caused a stir at Nairobi’s Uhuru Park during Labour Day celebrations on Wednesday were arraigned in a court on Thursday but did not plead to the charges.

Mr Boniface Mwangi and Mr Richard Amwai allegedly shouted at Central Organisation of Trade Unions (Cotu) secretary-general Francis Atwoli when he stood to address the crowd over his stand on the MPs’ clamour for a review of their salaries.

The activists, through lawyer Harun Ndubi, argued the charge was defective, unconstitutional and an infringement on their constitutional rights.

Breached law

“The proposed charges of offensive conduct in public are illegal in our current laws since they breach express provisions of the Constitution and the suspects cannot plead to what is an infringement on their rights to freedom of association and expression,” said Mr Ndubi.

According to the charge sheet, the two were to answer a charge of offensive conduct likely to lead to a breach of peace.

The activists are accused of shouting “msaliti, msaliti (traitor, traitor)” with intent to provoke a breach of peace when Mr Atwoli rose to address the gathering.

Mr Ndubi submitted that Section 94 of the Penal Code in which the charge was drawn should have been repealed since it contravened the Constitution which gives citizens the freedom of expression.

Chief Magistrate Kiarie Waweru released the activists on Sh5,000 bail each and set the ruling for Friday.