Embakasi East Mp Paul Ogili alias Babu Owino has been charged with subversion, incitement to violence and offensive conduct conducive to breach of peace.
Babu Owino was charged in count one with uttering words, ‘kama Gadaffi alitolewa na wananchi, kama Gbagbo alitolewa na wananchi, kama Yahya Jamme alitolewa na wananchi, we we in nani? We we in mtoto was mbwa’, words which were calculated to excite disaffection against the presidency.
The MP is alleged to have comitted the offence on 24th September 2017 at stage 46, Kawangware, Dagoretti within Nairobi County.
He also had an alternative charge to the first count of incitement to violence where he was charged that the words he uttered were calculated to lead to disobedience of lawful authority.
The legislator was charged with a another count of offensive conduct where he is alleged to have uttered the words ‘ wewe ni mtoto wa mbwa’, words which were intended to provoke breach of peace.
He denied the charges before Chief Magistrate Francis Andayi.
Babu was represented by four lawyers including senior counsel James Orengo, Otiende Amolo, Edwin Sifuna, Ochieng Oginga,
The prosecution was represented by Deputy Director of DPP Nicholas Mutuku, Senior Assistant Director Alois Memo and Assistant Director Catherine Mwaniki.
The prosecution objected to Babu’s release on bond on grounds that the charges against him are very serious.
Prosecutor Nicholas Mutuku told the court that first count the legislator is charges with attracts a maximum sentence of seven years whereas the alternative count attracts a maximum of five years.
Mutuku added that the second count against Babu attracts a sentence of two years.
The prosecution also said that there were demonstrations in some parts of the country yesterday because of the accused person’s remarks and if he is released on bond, the demos will continue.
The state also told the court that the accused in a position of influence and has a large following and this may impact on the prosecution witnesses.
Prosecutor Catherine Mwaniki also adds that Babu may be at flight risk because he has no permanent fixed place of aboard as he resides in several places.
Senior counsel James Orengo told the court to release his client on bond saying that the charge sheet was defective and having several places of residence is not a crime.
The magistrate will make a ruling on his release on bond tomorrow at 10.30 am.