Human Rights Activist Fredrick Bikeri has moved to court seeking to stop the arrest of Kitutu Chache South MP Richard Onyonka.
He wants to stop The Director of Public Prosecutions (DPP) from arresting Onyonka over hate speech charges.
Through lawyer Dantsan Omari, Bakari says that through a letter dated the 10th January 2022, a directive was issued to have Onyonka arrested over ethnic contempt over remarks he made while addressing a gathering in Kisii County.
“The decision by Inspector General of Police and the office of the director of Public Prosecutions (DPP) to arrest Onyonka is thoughtless reaction, populist and a legal nonstarter as it bypasses the known legal requirements under the National Cohesion and Integration Act, No.12 of 2008 as offences under the act are by law to be investigated by the commission established under the act,” he added.
He said that such decision is not only a legal misadventure that undermines the rule of law, the national values and principles of governance and those of public service but is also an invasion to the jurisdiction and the mandate of the National Cohesion and Integration Commission as prescribed under section 25 of the National Cohesion and Integration Act, No.12 of 2008.
In his application at the Milimani law courts, Bikeri says that the directive by DPP to the IG directing him to investigate the over the alleged hate speech remarks is illegal.
He argues that the directive is a legal misadventure that undermines the rule of law.
“That the 2nd Respondent’s directive to the 1st Respondent as communicated vide the impugned letter of the 10th January 2022 is an attempt by the Director of the Public Prosecutions to unreasonably and contrary to the legitimate expectation of the right thinking members of the society rob the commission its powers and functions and illegally donate them to the 1st Respondent through the mischievous invocation of article 157(4) of the Constitution..,” reads court papers
Through his lawyer Danstan Omari,he argues there’s pressing need and clarity that santity is promoted within the borders especially on the investigations and prosecution of hatemongers during the forthcoming elections to avoid instances where the guilty are set free on the basis of technicalities born from thoughtless decisions by the law enforcement agencies and officers.
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