Tobiko refers Muthama hate speech file to NCIC

What you need to know:

  • Mr Tobiko on Thursday received a file on the allegations from the Directorate of Criminal Investigations (DCI) with a recommendation that Mr Muthama be prosecuted but he deferred the matter to NCIC.

Machakos Senator Johnstone Muthama is set to be probed by the National Cohesion and Integration Commission (NCIC) on fresh hate speech charges, less than two weeks after he was released on bail for similar accusations.

Director of Public Prosecutions (DPP) Keriako Tobiko has instructed NCIC to question the Opposition politician for the alleged hateful utterances during the homecoming of Women Representative Florence Mutua in Busia Town on Monday.

Mr Tobiko on Thursday received a file on the allegations from the Directorate of Criminal Investigations (DCI) with a recommendation that Mr Muthama be prosecuted but he referred the matter to NCIC.

“As the matter falls under the mandate of the NCIC, the DPP has forwarded the inquiry file to the commission and directed that the suspect be immediately interrogated and speedy investigations conducted into the offensive utterances, and the resultant inquiry file forwarded to him for appropriate action,” Nicholas Mutuku, deputy DPP said in a statement.

Mr Muthama was among eight MPs who were earlier this month held for four days by the police on hate speech charges for utterances made on June 13, 2016.

The prosecution said that Mr Muthama among other Cord legislators at Capitol Hill in Nairobi uttered words to the effect that they would create chaos and forcibly storm the IG's office if "certain people" were not arrested.

Mr Muthama has been accused of hate speech several times since he was elected to the Senate including in June 2014 during a public rally in Kibera.