Member of Kisii County Assembly in court over remarks against President Uhuru Kenyatta

By Eric Abuga            

Kisii, Kenya: Utterances allegedly made against President Uhuru Kenyatta by a member of the Kisii County Assembly have landed him in court.

Samuel Aboko was Tuesday arraigned in court for undermining the authority of a public officer contrary to Section 132 of the Penal Code.

The section provides that any person who, without lawful excuse utters, prints, publishes any words, or does anything calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer is guilty of an offence.

One is liable to imprisonment for a term not exceeding three years if found guilty. Mr Aboko, who represents Kiogoro Ward, was charged that on August 28, 2013, at Kerera village in Kerera location, Kisii County, without a lawful excuse uttered the words “those close to President Uhuru Kenyatta should advise him to stop smoking bhang.”

Public officer

The court heard that the words by Aboko were calculated to bring into contempt the lawful authority of President Kenyatta, who is a public officer, namely the President of the Republic of Kenya.

The MCA, represented by lawyers Gideon Nyambati (county assembly legal officer) and Isaiah Mosota, however, denied the charges before Kisii Principal Magistrate Kibet Sambu.

 The lawyers asked the court to release the accused on reasonable bond terms and supply him with witness statements and any communication intercepted, and documents to be relied on by the prosecution.

“I pray that the accused be released on reasonable bond terms and be supplied with witness statements and any communication intercepted and documents to be relied on by the prosecution,” Mr Nyambati said in court.

Mr Mosota concurred with Nyambati’s request and called on the prosecution to provide the documents.