Changamwe MP in court over ODM nomination chaos

Changamwe MP Omar Mwinyi in a Mombasa court on April 24, 2017. PHOTOS | PHILIP MUYANGA | NATION MEDIA GROUP

What you need to know:

  • He said the 30 days requested will be enough for the party to sort out the issue.
  • The prosecution opposed the application saying it will suffer prejudice if MP's plea is allowed.

Changamwe MP Omar Mwinyi appeared in court on Monday charges over violence that rocked ODM party nominations at Bomu Primary School, Mombasa.

His plea was however deferred after an application by his lawyers.

Mombasa Chief Magistrate Evans Makori directed the prosecution to ponder on whether offences allegedly committed during party primaries fall under the Election Offences Act 2016.

The magistrate said the prosecution ought to drop the charges against the MP if they do not not conform to the Act.
However, the Director of Public Prosecutions has said he will move to the High Court to seek a review of the decision by the magistrate.

ABUSE

Through his lawyers, the MP asked the court to defer the plea for 30 days to allow ODM party explore internal party dispute resolution mechanisms.

“The charges are abuse of the court process, the party has internal dispute resolutions mechanisms,” said defence lawyer Mohamed Khatib.

He added that the Directorate of Public Prosecutions is being used to abuse legal process.

Mr Khatib argued that the MP is prepared to submit himself to the party’s internal processes as ODM is the complainant in the case.

He said the 30 days requested will be enough for the party to sort out the issue.

Lawyer Jared Magolo told the court that there will be no prejudice to the prosecution should plea be deferred.

PREJUDICE

“The court should take judicial notice that we are in electioneering period,” his other lawyer Michael Oloo told the court.

The prosecution opposed the application saying it will suffer prejudice if MP's plea is allowed.

Principal prosecution counsel Jami Yamina said the defence is asking the court to let ODM party disciplinary committee do the work of the Director of Public Prosecution.

Mr Yamina said if the case is adjourned, there will be a delay in the criminal proceedings initiated hence the accused ought to plead to the charges.

Another State counsel Daniel Wamotsa said internal party proceedings have no role in court proceedings.