The Director of Public Prosecutions Keriako Tobiko on Monday directed that two Senators and a blogger be charged with various offences over statements they made.
Tobiko ordered that Machakos Senator Johnston Muthama be charged with incitement to violence and disobedience of the law. He said Muthama and activist Japheth Muroko should be charged with the offence under the Penal Code over comments they made at a rally in Uhuru Park two weeks ago.
Tobiko also ordered that Uasin Gishu Senator Isaac Melly be charged with rioting and injuring buildings and malicious destruction of property.
Melly with two others are said to have committed the offence while demonstrating on February 12, 2015 at the University of Eldoret.
They were demonstrating against the university Vice Chancellor.
Further, Tobiko directed that blogger Mutahi Ngunyi takes plea over ethnic contempt contrary to the National Cohesion and Integration Commission Act. This is in relation to messages that Ngunyi posted on his twitter account directed against former Prime Minister Raila Odinga and the Luo Community.
Investigations into the cases were conducted by both police and the NCIC officials.
The DPP sent back a file on Tana River Senator Ali Abdi Bule to the NCIC and directed that the detectives there close a number of gaps and inconsistencies in the statements of the would be prosecution witnesses.
NCIC had recommended that Bule be charged with ethnic contempt in relation to utterances he allegedly made in July 2015 that led to ethnic violence in the Tana Delta.
“The DPP therefore sent back the file to NCIC with instructions to record further statements from the witnesses in question and resubmit the file within 14 days,” said Tobiko.
The DPP also rejected recommendations by the CID that a file on Gatundu South MP Moses Kuria be closed for lack of evidence over incitement on his constituents.
Kuria is accused to have incited members of his constituency to cut those who are opposing the National Youth Service empowerment programmes with pangas.
The move by the DPP was the second in a row. The DPP had on August 14 told police to conduct further investigations into the case after the officers at CID headquarters said there was no evidence.
On September 9, the officers again sent the file with similar recommendations. Monday, Tobiko told the Director of Criminal Investigations some of the critical areas identified for further investigations had not been addressed.
“The DPP therefore sent back the file to the DCI with directives that the outstanding areas be covered and the file resubmitted within 14 days,” he said.
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He further directed NCIC be enjoined in the investigations as elements of hate speech may be involved in the utterances under investigation.
On the Muthama issue, a team formed to investigate statements made at the rally said they had only found him and Muroko liable for the offences.
They said they did not find any criminal element in statements directed at president Kenyatta and devolution Cabinet Secretary Anne Waiguru.
Instead, they advised the two to seek civil suits against anyone who they feel offended them at the rally. A section of MPs have been
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