FORMER Prime Minister Raila Odinga has been summoned to appear before a Kibera court over an allegedly inflammatory statement.
The matter involves “alarming statements” Raila made in Kisumu on January 17, comments that Aaron Shayo, a private citizen, says amount to incitement.
He claims Raila’s statement was alarming, false and full of rumours that were likely to cause fear and alarm among the public.
He said Raila’s utterances are punishable under Sections 66,77 and 132 of the Penal Code, Cap 63 of the Laws of Kenya.
Shayo is seeking to compel Director of Public Prosecutions Keriako Tibiko to charge Raila with the offences.
Ashayo’s lawyer is Kiharu MP Irungu Kang’ata, the same advocate who felled former Deputy Chief Justice Nancy Baraza.
“The case is going on and may have grave consequences, including imprisonment for Raila if he does not take it seriously. As you may be aware, Raila has not sent any counsel to represent him. If I were him, I would take the matter more seriously,” Kang’ata said yesterday.
He said he is reviewing the audio recordings of other Cord rallies with a view to amending his case to include them. The case may include the other two Cord Principals – Moses Wetang’ula and Kalonzo Musyoka.
Yesterday, senior resident Magistrate Brian Khaemba ordered Shayo to serve Raila and Tobiko with a hearing notice.
The case will come up on July 29, when all the parties are expected in court for hearing.
Raila can however choose to appear in person or to send his lawyer to represent him during the hearing and determination of the application.
Khaemba reversed his earlier orders where he had directed the applicant to remove Raila’s name from the suit and only serve the DPP.
He directed that both Raila and Tobiko be served so that they can prepare for the case.
Earlier, Kang’ata appeared before Khaemba and told him that he had complied with the orders, but insisted on serving both the DPP and the former PM.
Shayo, who is both applicant and a witness in the case, moved to court to seek permission to prosecute Raila for allegedly speaking words that amounted to hate speech.
The words were uttered in Kisumu’s Kenyatta Grounds, at a rally attended by Shayo.
During the rally, Raila is reported to have claimed that the IEBC used the military to eject Cord agents from the national tallying centre at Bomas during the presidential election of 2013.
Raila is reported to have equated what happened in Bomas to a military coup.
“They are just going in circles because of what they took – nobody won. They took it by force as Kajwang’ was telling you. What happened there is similar to what is called a military coup. Because this thing was being co-ordinated by military chiefs. This is why all our people went to Bomas of Kenya.
Jimmy son of Ugenya was there. Otuoma, Anyang’ Nyong’o, Franklin Bett, Henry Kosgey. They were all ministers with flags. They were being pushed like dogs to go away. That is why whoever is saying these people did not work and they are to blame for our loss is as stupid as his mother, that thing was planned and Kibaki was aware,” Shayo quotes Raila as having said.
He says Raila also said Chief Justice Willy Mutunga was coerced to deliver an election petition judgment he did not believe in.
It remains unclear which utterances Shayo has taken offence to.
According to Kang’ata, they are seeking orders to prosecute Raila because the DPP has slept on the job. He said the DPP had failed to formally charge Raila, even after being given the evidence.
Addressing a CORD rally at the Kenyatta Sports Ground in Kisumu town yesterday, Raila alleged that President Uhuru and his deputy William Ruto used military personnel to eject CORD supporters from the Bomas of Kenya, which was the national tallying centre for the presidential election, to enable Jubilee clinch victory.
– the-star.co.ke
