MCA calls for Uhuru testimony in insult case

Samuel Apoko, Kiogoro Ward MCA, with President Uhuru Kenyatta at State House during a visit by Kisii MCAs on August 4, 2016. PHOTO | PSCU

What you need to know:

  • Kiogoro Ward MCA Samuel Apoko on Monday said he wants the complainant to personally give his side of the story in court before anyone else does so.
  • The MCA said that when some MCAs from Kisii visited State House in Nairobi two months ago, the matter was resolved.

A member of the Kisii County Assembly (MCA) charged with undermining President Uhuru Kenyatta now wants the Head of State to testify in court.

Kiogoro Ward MCA Samuel Apoko on Monday said he wants the complainant to personally give his side of the story in court before anyone else does so.

Mr Apoko had claimed on August 2013 that Mr Kenyatta smokes bhang.

“Those close to President Uhuru Kenyatta should advise him to stop smoking bhang,” the MCA had said.

In April 2014 he was charged with acting contrary section 132 of the Penal Code.

Mr Apoko, through his lawyer Gideon Nyambati, objected to any witness testifying before the President does.

He said the law requires the complainant to testify first.

“The law states that any other person who wishes to testify must do so after the complainant has issued his testimony,” Mr Nyambati said.

The defence further stated that they do not object to the testimonies of the other witnesses but rather to the fact that the complainant has not appeared before the court to give his testimony.

“We have no objection to the eyewitnesses giving their accounts but have a problem that the complainant has not availed himself,” the lawyer said.

However, prosecutor Tom Imbadi said that calling the President to the witness stand would compromise his safety.

“The President must be protected and his views always taken into serious consideration,” Mr Imbadi said.

He urged the court to exercise extreme judicial consideration and deny the defence its request.

But Mr Nyambati dismissed the prosecution’s response, arguing that according to the Constitution, the President is neither prohibited from attending court proceedings or from appearing before the public.

According to the defence, the President is a public figure who attends numerous public functions and therefore his appearance would not put him in any more danger than what he is exposed to during public rallies.

“The Head of State is not legally exempted from appearing in court or the public. In fact, the President has on numerous occasions been seen mingling with the public and was recently seen dancing at Kasarani Stadium,” the defence argued.

The MCA said that when some MCAs from Kisii visited State House in Nairobi two months ago, the matter was resolved.

In a report published on the Nairobi News website on August 4, State House communications aide Dennis Itumbi said the President told the MCA: “I forgive you,” adding, “Let bygones be bygones.”

Nonetheless, Mr Imbadi said he can only close the case when he receives official communication from Director of Public Prosecutions Keriako Tobiko stating that the matter had been resolved.

The ruling on whether President Kenyatta should be compelled to appear in the court to testify will be made on October 28.