Court lifts arrest warrant for Lamu County MCAs on hate charges

Nominated Lamu MCA Monica Njambi and her Bahari Ward counterpart Anthony Maina when they appeared before Justice Dorcas Chepkwony in Mombasa yesterday. They want to have their incitement case transferred to Lamu County. (PHOTO: MAARUFU MOHAMED/ STANDARD)

High Court in Mombasa yesterday suspended a warrant of arrest for two Lamu Members of the County Assembly facing hate speech charges.

The MCAs had challenged the State’s decision to charge them in a Mombasa magistrate’s court, arguing that it had no territorial jurisdiction to hear their case as the alleged crime took place in Lamu.

Mombasa Senior Resident Magistrate Martin Rabera issued a warrant of arrest for Monica Njambi (nominated) and Anthony Maina (Bahari Ward) last week after they failed to appear in court to answer to charges of inciting ethnic hatred in Lamu on October 7.

Justice Dorah Chepkwony suspended the arrest warrant until today, when she will hear and determine their application filed under a certificate of urgency.

TERRORIST ATTACK

The MCAs were charged with inciting ethnic hatred by comparing Kikuyus in the area to Jews and alleging a conspiracy targeting Christians.

The prosecution said the ward reps made the remarks in Kihongwe on July 27, when they allegedly claimed that Kikuyus could not be exterminated because they were “children of Israel and God” in reference to recent terrorist attacks in the county.

Their lawyer, Caroline Mboko, said yesterday that holding their trial in Mombasa would inconvenience them in terms of their work and logistical expenses.

“The magistrate’s court in Mombasa does not have the territorial jurisdiction to hear and determine the case as the alleged offence took place in Lamu where there is a fully constituted law court that can hear and determine the matter,” said Ms Mboko.

“Accordingly, it would be convenient, economical and expedient for the applicants if their suit was transferred for hearing and disposal at the magistrate’s court in Lamu.”

She said the MCAs failed to appear in court in Mombasa because they were in Nairobi to answer to similar charges.