By Chris Ojow
The Director of Public Prosecution in a brief submission before the trial Court urged the Court that the State is no longer interested in prosecuting Former Machakos County Senator .
The DPP further urged the Court to withdraw a criminal case number 917 of 2016 where Senator Johnston Muthama was charged with various counts of hate speech and incitement to violence.
Appearing before Nairobi’s Senior Principal Magistrate Peter Ooko at Milimani law Court Nairobi County Kenya, the State withdrew the criminal case under section 87 (a) of the criminal procedure.
In the year 2016 14th of June Senator Johnston Muthama, Moses Kuria, Ferdinand Waititu, Aisha Jumwa, Bosire and Florence Mutua the Pangani six were charged with various counts of hate speech and incitement to violence.
In mid October 2019 before Chief Magistrate Martha mutuku the three accused Aisha, Bosire and Florence Mutua were acquitted for lack of evidence by the court.
In the same year Law Maker Moses Kuria was also acquitted of hate speech same to the embattled Governor Waititu who is now facing corruption charges and has been barred from stepping back to the office until the matter is heard and determined.
While responding to the State withdrawal of Muthama’s criminal case through his defence led by Dr. John Khaminwa and Julie Soweto Senator Muthama protested on the State move to withdraw the case under section 87 (a) citing an abuse of the Court process.
The defence further informed the court that they fear under section 87 (a) Senator Muthama might be rearrested and charged again.
In a lengthy submission through Officer of the court Julie Soweto the defence want the Court to acquit Senator Johnston Muthama from the criminal charges.
On grounds that his rights were violated in line to Article 50 of the Constitution of Kenya.
The defence stressed that the purported withdrawal of the criminal case against Senator Muthama is a clear indication that State prosecution had no case and was not ready to proceed.
The defence informed the Court that several attempts to obtain the necessary documents, the witness Statements and other documents that may help the accused to defend himself has never been successful.
And now Senator Johnston Muthama want the trial Court to ignore section 87 (a) and acquit him under section 202 and 204, where it states that when the State prosecution delays through adjournments or not ready to proceed with the case, the accused person shall be acquitted, also when the complainer is not sufficient with the evidence the accused person shall be acquitted.
Under section 87 (a) the State may with the consent of the Court or on the instructions of the DPP, at anytime before the Judgment is pronounced, withdrawal from the prosecution of any person, and upon withdrawal if it is made before the accused person is called upon to make his defence, he shall be discharged, but discharged of an accused person shall not operate as a bar to subsequent proceedings against him on account of the same facts.
The trial Court will deliver a ruling based on the submissions before it on January 31st 2020 at 10am East Africa Time.