Hate speech case against ODM’s George Aladwa stalls

Nairobi ODM County Chairman George Aladwa (left) flanked by lawyer John Khaminwa shortly after hearing of a case in which he is facing incitement to violence charges. [PHOTO DAVID NJAAGA/STANDARD]

The criminal case facing former Nairobi Mayor George Aladwa has stalled due to the promotion of the trial magistrate to a High Court judge.

On Tuesday the matter came up for a ruling on whether he has a case to answer over hate speech remarks, however, his lawyers protested over what they termed as slow pace by which the case was being handled.

Mr Aladwa in company of his supporters said he has been denied justice despite attending court in several occasions whenever the matter is listed for hearing or mention.

The supporters who thronged the court as earlier as 8 am spent over six hours waiting along the corridors hoping their leader would know his fate.

However, the court was told trial magistrate Mr Daniel Ogembo was not available due to some reasons.
They protested and marched from Milimani Law Courts to the Central Business District saying the court should speed up the hearing and determination of the case to allow Aladwa to concentrate in his political activities.

Mr Aladwa had on October 31 asked the trial court to dismiss the hate speech case against him.
Aladwa argued that the matter should be thrown out on grounds that the charge sheet was defective.

Through his lawyer John Khaminwa, Aladwa said the sheet contains a police rubber stamp yet they were not allowed to prosecute.

He further said the accusations may affect his bid for Makadara MP seat in 2017 polls.

Parties to the case made their submissions before chief magistrate Daniel Ogembo.

But prosecutor Duncan Ondimu said the charge sheet was drafted properly.
He further noted that Aladwa's remarks during a rally last year amounted to incitement.

The Nairobi ODM chairman was accused of uttering words indicating that some people would have to die for CORD leader Raila Odinga to be president.

He was arrested by Flying Squad officers on October 23, 2015 but later released on Sh3 million bond.
The ODM politician is among several facing charges related to hate mongering and incitement.

Ogembo earlier declined to stop the proceedings against Aladwa saying the hearing would continue unless the High Court issued orders suspending it.
Khaminwa had requested Ogembo to suspend the proceedings at the chief magistrate's court pending the outcome of the petition filed at the High Court.

"We pray the court to stay a hearing of this case because we have filed an application at the high court seeking to stop the prosecution at the magistrates court," said Khaminwa.

He added that when the matter is pending before the High Court, it is in order for the other case at the magistrate's court to await the outcome.

Ogembo dismissed Khaminwa's application, adding that it is clear the accused had filed a petition at the High Court but there is no suspension order yet.