Court to rule on MP's release tomorrow

Emurua Dikirr MP Johana Ng’eno will be detained for two days at the Nakuru GK Prisons.

Chief Magistrate Elizabeth Usui will tomorrow give a ruling on whether the MP will be freed on bond. Ng’eno was yesterday charged in a Nakuru court with hate speech and offensive conduct. He denied the charges. The legislature is accused of using hate speech to incite warring communities in Narok County.

The charge sheet indicated that the lawmaker used hate speech on September 6, at Junction area of Olgos Sofia village in Trans-Mara West. He allegedly used abusive words in which ethnic hatred was likely to be stirred up. He was also charged with offensive conduct for using abusive words against President Uhuru Kenyatta at the same public gathering. 

He is said to have called on the President to either work with his Deputy William Ruto or resign and dissolve the government. 

“Work with your deputy, but if you don’t want, resign, dissolve the government and go home. No one is soothing you,” read his words that were uttered in Swahili. He allegedly said Kenya belonged to 47 million Kenyans and that it was not the president’s. 

Prosecution, through Daniel Karuri and in an affidavit sworn by Inspector Jumbe Brown, opposed the MP's release on bail. They submitted that the MP would interfere with witnesses.

Mr Karuri said since the legislator had influence in his constituency, where some of the witnesses resided, he was likely to interfere with investigations.

“The MP is a renowned person and witnesses have raised concerns that he may use his influence to interfere with them,” said Karuri. He urged the court to otherwise allow crucial witnesses to testify before the MP could be considered for bail release. Karuri submitted that the accused was a flight risk because he had means.

He pointed out that the case was weighty and that if convicted the MP could be liable to pay a fine of at least Sh1 million or be imprisoned for over three years. Karuri said Narok County had previously suffered violence emanating from incitement by local politicians. “The situation on the ground is volatile,” Karuri said, adding that the accused had previously been arrested over hate speech.

Defence counsel Kimutai Bosek opposed the application by the prosecution, saying: “There is no evidence to show the accused has previously interfered with witnesses or will in the future”.

He said the accused was an MP and not a flight risk. “The accused can surrender his passport to the State if required. He will also attend court when required.”

Mr Bosek said under the law the accused was presumed innocent. Ms Usui deferred the bail ruling to tomorrow and directed the detention of the accused till then. Ng'eno was arrested on Monday evening in Narok.