ODM leader Raila Odinga’s bodyguard and five Members of Nairobi County Assembly were on Tuesday charged with assaulting the party’s former Executive Director Magerer Lang’at last year.
Nairobi County Assembly Majority Leader Elias Otieno Okumu (Kileleshwa Ward), Mr Daniel Oria Odhiambo (Dandora Area IV), Mr George Ochola (Hospital), Mr Alvin Palapala (Kitsuru), Ms Catherine Okoth (nominated) and Mr Benard Kadundo (the bodyguard) were accused of attacking Mr Lang’at during the party’s parliamentary group meting on October 30, 2014.
Mr Lang’at was violently ejected from the meeting at Orange House after being accused of disrespecting Mr Odinga.
REJECTED APPLICATION
They six faced charges of assaulting and injuring Mr Lang’at and causing disturbance in manner likely to cause a breach of peace by shouting at him.
Nairobi Magistrate Elizabeth Juma dismissed arguments by lawyer Harun Ndubi for the accused that the charges were defective, and ordered the accused to take pleas.
Mr Ndubi had argued that the charges did not disclose the offence committed but Ms Juma ruled that the charge sheet was properly drafted.
According to Mr Ndubi, the charges are not in public interest because Orange House is not a public place.
But the magistrate said that the law does not permit causing disturbance in private places.
“ I find that the charges, as they are, meet the requirements set in law. The law provides that a charge sheet be concise,” she ruled.
APPEAL RULING
“This is not the time for the court to shut the case. The accused should take plea and will be given time to defend themselves during the hearing,” she added.
Mr Ndubi said he would appeal the ruling.
The MCAs denied committing the offences and were released on Sh10,000 bail each.
The case will be heard on May 21.
Mr Lang’at has also filed another case at the High Court seeking damages for assault.
In the case, he argues that both the Inspector-General of Police and the Director of Public Prosecutions seriously violated his rights by failing to take up the matter.
-nation.co.ke
