State drops incitement charges against Kutuny

By Evelyn Kwamboka

The State has withdrawn incitement charges against Cherengany MP Joshua Kutuny.

The MP walked to freedom on Tuesday following Attorney General Amos Wako’s intervention in the case that was filed under the National Cohesion and Integration Act.

It was withdrawn under Section 87 (a) of the Criminal Procedure Code that gives the AG’s office powers to charge the MP again with the same offence.

Kutuny was accused of allegedly distributing inciting leaflets in Kitale Township on unspecified day last month, warning some communities to leave Trans Nzoia, Uasin Gishu, Ndalu, Lugari and Naitiri settlement schemes.

Accepting the withdrawal, Principal Magistrate Kennedy Bidali also ordered that Sh200,000 bail paid by the MP, be refunded.

In October last year, Chief Inspector Frank Mnene informed the court that he could not lead evidence in the case because the AG had called for the police file.

He said the AG wanted to study the file for purposes of advising the prosecution on whether to terminate the case.

"The case had affected me psychologically and I believe there are so many innocent Kenyans facing charges in our courts," he said.

The MP said there is need to speed up reforms in the police force and more especially in the Criminal Investigations Department.

"This is because nobody should use his position to hurt innocent people," he said.