Embakasi MP Waititu moves to block arrest

Embakasi MP Ferdinand Waititu addresses a news conference at Parliament buildings September 25, 2012 where he apologised for his remarks that the Maasai should be evicted from his constituency. He moved to stop his arrest and detention over incitement after filing an anticipatory bail in court September 26, 2012

What you need to know:

  • MP's lawyer says his client does not expect to get justice.

Embakasi MP Ferdinand Waititu has moved to stop his arrest and detention over incitement after filing an anticipatory bail in court.

Through his lawyer Evans Ondieki, Mr Waititu filed the application Wednesday morning.

The application was due to be argued before Lady Justice Mumbi Ngugi.

Mr Ondieki said his client did not expect to get justice.

He said the Director of Public Prosecutions (DPP) Keriako Tobiko, assistant Defence minister Joseph Nkaissery and Heritage minister William ole Ntimama had already condemned the MP unheard.

If his application is granted, the Embakasi legislator, who is also the Water assistant minister, will be released on bail if arrested.

On Tuesday, Mr Tobiko ordered the police to arrest and bring to justice Mr Waititu.

Mr Tobiko said the MP incited his constituents to violence and incited "feelings of hatred and hostility against the Maasai community".

"This is therefore to advise that you (police) cause prompt action to be taken to ensure that all those found to have been involved including Hon Waititu are immediately apprehended and brought to justice," said the DPP in a statement Tuesday.

On Monday, two people were killed in a violent confrontation between street boys and watchmen in Kayole, Nairobi.

Trouble started when watchmen attacked and killed a street boy accused of stealing chicken in the estate.

Mr Waititu said: “From today, we do not want to see any members of this community here in Kayole.”

On Tuesday, the MP was holed up in Parliament well into the night to avoid arrest.