Arrest MP for hate speech, says Tobiko

The Director of Public Prosecutions has ordered the arrest of Mombasa County woman representative Mishi Mboko over allegations of hate speech.

Mr Keriako Tobiko has directed that Ms Mboko, an ODM Member of Parliament, be charged with incitement to violence, disobedience of the law and ethnic hatred.

“The accused person is not in court, but we have instruction that she be charged by the DPP for some criminal offences.

“We are applying to this court to issue summon,” Senior Principal Prosecution Counsel Alexander Muteti told Mombasa Chief Magistrate Maxwell Gicheru Thursday.

Ms Mboko reportedly went into hiding after being tipped that detectives from the Directorate of Criminal Investigation were looking for her.

She is faced with two charges.

In the first, she is alleged to have uttered words during Jamhuri Day celebrations in Mombasa which, according to the police, amounted to incitement to violence and disobedience of law contrary to section 96(1) of the penal code.

She is quoted in the charge sheet as having said: “Kenyans are going to bring revolution for this country. Enough is enough. We are tired as Kenyans. Revolution is with the people. Sovereignty is with the people. Revolution is with the people, people, people.”  

Police said those words amounted to incitement that could cause a breach of the peace and disobedience of the law.

In the second count of incitement of ethnic hatred, she is claimed to had said: “There are two tribes that think they own this country and we want to tell them chuma wanacho.”

Thursday, the magistrate directed Mombasa DCIO Ndumba Dangali to serve Ms Mboko with the summons to appear in court on Monday.

Mr Tobiko has also ordered the arrest and prosecution of political activist Moses Kuria for incitement and propagating hate speech on his Facebook page.

The recommendation to prosecute Mr Kuria was made by the National Cohesion and Integration Commission after complaints by the Law Society of Kenya.

The LSK said the posts were intended to incite the public to violence against a specific community.

The society referred to a post on Facebook after twin explosions in Nairobi’s Gikomba market in which 12 people died and dozens others were injured.

The post read: “I think it is only a matter of time before Kenyans start violence against PERCEIVED (sic) terrorists, their sympathisers, their financiers and those issuing travel advisories without intelligence. I am not sure I will not be one of those Kenyans. When you touch Gikomba the nerve centre of our economic enterprise, you really cross the line. Brace yourself. Choices have consequences.”

Mr Tobiko’s move came in the wake of the Mpeketoni attack where the government blamed politicians of being behind the massacre that claimed 60 lives.

President Kenyatta on Tuesday said the two attacks in Mpeketoni were politically orchestrated and Al-Shaabab was not to blame.

Mr Kenyatta pointed an accusing finger at leaders who have heightened political tension in the country.

He warned in a televised address that the government would not tolerate “hate mongers, reckless leaders and negative propagandists”.

On Tuesday, Mr Tobiko wrote a letter to the LSK saying that he had directed the Inspector-General of Police, Mr David Kimaiyo, to investigate Mr Kuria’s case.

“I have not received any such file/report from the IGP,” he said in the reply to an earlier letter, dated May 21, in which the LSK had demanded that action be taken against Mr Kuria.

“However on 30th May, 2014 I received a file from NCIC on the matter recommending charges against Moses Kuria.

The NCIC file is being independently reviewed by my office and a decision thereon will be made shortly,” Mr Tobiko in his reply said.

Separately, the LSK has asked Mr Tobiko to investigate two MPs over alleged hate speeches.

The society’s Secretary/CEO, Mr Apollo Mboya, has asked the DPP to instruct Mr Kimaiyo to investigate Starehe MP Maina Kamanda and his Othaya counterpart, Ms Mary Wambui, for comments attributed to them in a local daily newspaper on Wednesday.

“The allegations by the two MPs in the mainstream media has the potential to incite the public to violence and in our estimation constitute hate speech which if not curbed can plunge the country into chaos,” Mr Mboya said in another letter to Mr Tobiko.

The article that sparked the protest was attached to the letter which also urged the DPP to instruct the Media Council of Kenya to institute investigations against the newspaper.

“Section 13 of the National Cohesion and Integration Act makes it illegal to use threatening, abusive or insulting words, acts or materials liable to stir up ethnic hatred,” Mr Mboya said.

Reported by Galgalo Bocha, Paul Ogemba and Mazera Ndurya