A legal lobby group Sheria Mtaani Na Shadrack Wambui has moved to court seeking to quash the decision by the state to prosecute Senator Mithika Linturi among other politicians over insightful utterances at Rallies and Facebook accounts.
Through lawyer Samuel Chelongo, the lobby said that on dates between January 8 and 14, 2022 the Director of Public Prosecutions (DPP) made three notable directives in his letters dated January 8, 10, 11 and January 14, 2022 towards DCI directing him to expeditiously conduct investigations on utterances by individuals that allegedly contravene the National Cohesion and Integration Act 12 of 2008.
“We are seeking and order of PROHIBITION prohibiting the arresting, arraigning, charging and or prosecuting Senator Mithika Linturi, Senator Aaron Cheruiyot, Hon.Richard Onyonka and some members of a Facebook account known as Lamu County Politics Unlimited Group over the findings of the investigations or recommendations arising out of the directives from the 2nd Respondent to the 1st Respondent dated the 8th, 10th, 11th and 14th January 2022,”they added.
The group is also seeking a stay of the DPP’s directive to the IG directing him to expeditiously commence investigations over the impugned utterances made by Senator Mithika Linturi, Senator Aaron Cheruiyot, Hon.Richard Onyonka and some members of a Facebook account known as Lamu County Politics Unlimited Group and to surrender the file for action to the 2nd Respondent within seven (7) days of the date hereof or any action thereto be it the arrest, arraignment or prosecution of the individuals under investigations.
Chelongo added that impugned directives by the DPP to the IG are ignorant of the elaborate process, procedure and the mandate of National Cohesion and Integration Commission so far as the parent Act elaborately sets down the due process that a Respondent is entitled to in an attempt to promote reconciliation, arbitration and mediation thus the rushed directives by the Director of Public Prosecutions in a sense are unconsciously designed to exacerbate an already bad situation.
They say that unless the DPP’s directives to the Inspector of General of Police are forthwith stopped or stayed pending the court’s consideration on its legality, there is a likelihood that the IG will proceed to act illegally in a manner that undermines the interested party and the rule of law.
“Unless the Court puts a stop to the illegality being perpetuated by the DPP, the handling of offenses under the parent Act will continue to be mishandled at the risk of worsening an already soiled political environment and possibly negating the wisdom behind the enactment of the National Cohesion and Integration Act, “they said.
The group wants the court to quash the directive of DPP to the Inspector General of Police, dated 8, 10, 11 and 14th January 2022 directing the IG to expeditiously commence investigations into the utterances allegedly made by the Senator Mithika Linturi, Senator Aaron Cheruiyot, Hon.Richard Onyonka and some members of a Facebook account known as Lamu County Politics Unlimited Group.
They want to quash the decision to prosecute Senator Mithika Linturi, Senator Aaron Cheruiyot, Hon.Richard Onyonka and some members of a Facebook account known as Lamu County Politics Unlimited Group over the utterances provoking the investigations commenced vide the directive to the 1st Respondent dated the 8th, 10th, 11th and 14th January 2022.
High court Judge Jairus Ngaah has directed Sheria Mtaani to serve the respondents within 7 days since January 17,2022.
The judge said he did not see grounds to place the matter as urgent but will be heard normaly.
The respondents have been directed to file response within 14 days of Service.
The mater will be Mentioned on March 2,2022.