The Office of the Director of Public Prosecutions(DPP) has opposed an application by an Activist seeking to stop Kitutu Chache South MP Richard Onyonka from being charged with hate speech.
In an application to oppose the same DPP says he acted within his Constitutional mandate in directing the Inspector General of the National Police Service to investigate allegations against Onyonka.
“The Prayers sought by the applicant are unconstitutional as they seek to
prevent the Director of Public Prosecutions from exercising his mandate as providedunder Article157 (4) of the Constitution of Kenya, 2010. This article provides “The Director of Public Prosecutions shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction”.
The DPP added that by invoking the provisions of Article 157 (4) of the Constitution of Kenya,2010, he does not take the overall and independent command of the police service.
He added that it is in the public interest that complaints made to the police are investigated and the perpetrators of crimes charged and prosecuted.
“The application is scandalous, frivolous and vexatious in that it is without
substance or groundless or fanciful and it lacks bona fides and is hopeless or offensive and tends to cause the 2nd respondent unnecessary anxiety, trouble or expenses,”He adds.
He wants the application by Bikeri to be dismissed.
In the matter activist Fredrick Bikeri has moved to court seeking to stop Kitutu Chache South MP Richard Onyonka from being charged with hate speech.
He argued that the Director of Public Prosecutions Noordin Haji has no powers to direct the Inspector General of Police to investigate hate speech and incitement offences.
Onyonka was arrested on Tuesday after the DPP directed IG Hilary Mutyambai to investigate the utterances he made.
Through his lawyer Danstan Omari, Bikeri argues that the directive by Haji is illegal and that it is only the National Cohesion and Integration Commission that can issue such a directive.
Bikeri said the actions by the DPP are a legal misadventure that undermines the rule of law.
Omari argued that there is a pressing need that sanity is promoted within the borders, especially on the investigations and prosecution of hate mongers to avoid scenarios where people will be set free on technicalities.