Mutahi Ngunyi loses court bid to temporarily stop hate speech charges

What you need to know:

  • The DPP on Monday recommended that Mr Ngunyi be charged with hate speech and incitement to violence over statements he wrote on his Twitter page.
  • A statement from the DPP's office indicated that there is evidence to charge Mr Ngunyi with ethnic contempt, contrary to the National Cohesion and Integration Commission (NCIC) Act.
  • This was in relation to messages Mr Ngunyi allegedly posted on his Twitter page, disparaging Cord leader Raila Odinga and the Luo community.

Political analyst Mutahi Ngunyi has lost his bid for temporary court orders to stop the Director of Public Prosecutions (DPP) from charging him over allegations of hate speech.

Mr Ngunyi, through lawyer Jennifer Shamalla, had argued that the intended prosecution was malicious and a violation of his rights.

He said there were no investigations carried out by the National Cohesion and Integration Commission (NCIC) to prove he was engaged in hate speech.

“The NCIC did not follow the right procedure in their handling of the case. They never summoned Prof Mutahi to record any statement, and whatever decision they reached to charge him is a clear case of abuse of powers,” said Shamalla.

DECLINED ORDERS

Justice Joseph Onguto, however, declined to grant Mr Ngunyi temporary orders stopping his prosecution.

He, instead, directed that the application be served on the DPP and the NCIC for an inter partes hearing on Thursday.

The DPP on Monday recommended that Mr Ngunyi be charged with hate speech and incitement to violence over statements he wrote on his Twitter page.

A statement from the DPP's office indicated that there is evidence to charge Mr Ngunyi with ethnic contempt, contrary to the National Cohesion and Integration Commission (NCIC) Act.

This was in relation to messages Mr Ngunyi allegedly posted on his Twitter page, disparaging Cord leader Raila Odinga and the Luo community.