DPP sued for directing the IG to investigate Kitutu Chache South MP over hate speech

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Kitutu Chache South MP Richard Onyonka.

An activist has moved to court to challenge the Director of Public Prosecution’s directive to have Kitutu Chache South MP Richard Onyonka over hate speech remarks

Fredrick Bikeri said the directive to the Inspector General of police bypasses the known legal requirements under the National Cohesion and Integration Act.

Through lawyer Danstan Omari and Shadrack Wambui, Bikeri claims the directive is misconceived, improper in the eyes of the law, and mischievously made against the express provisions of article 245 (2) (b) of the Constitution.

“The DPP’s directives to the IG, though copied to the National Cohesion and Integration Commission, is a kneejerk and thoughtless reaction, populist and a legal nonstarter as it bypasses the known legal requirements under the National Cohesion and Integration Act,” said Omari.

The petitioner wants the high court to quash the letter by DPP Noordin Haji to the IG Hillary Mutyambai saying, “he does not have that mandate and it contravenes the National Cohesion and Integration Act.”

He says the said article provides for the Inspector General to exercise independent command over the National Police Service and perform functions prescribed by national legislation.

“To allow the IG to be pushed and pulled by the DPP is being ignorant to the statutes and the Constitution,” states the petitioner..

According to him, the impugned directive by DPP is not only a legal misadventure that undermines the rule of law, the national values and principles of governance and those of public service but is also an invasion to the jurisdiction and the mandate of the NCIC

He contends that there is a pressing need that clarity and sanctity is promoted within the borders especially on the investigations and prosecution of hatemongers during the forthcoming elections to avoid instances where the guilty are set free on the basis of technicalities born from thoughtless decisions by the law enforcement agencies and officers.

Omari stated that in 2007 former ICC prosecutor Moreno Ocampo decided to do things outside the Rome Statute. He investigated matters completely outside the Rome Statute.

“Out of that, a miscarriage of justice was occassioned and all the Ocampo six were released and nobody was convicted,” the lawyer added.

He said the DPP has taken the Moreno Ocampo approach so that when the hate mongers are charged like the way Meru Senator Mithika Linturi has been charged in Nakuru, the lawyers will pinpoint that due process was not followed and technical grounds then all the hate mongers are going to be released. 

Lawyer Omari also noted there has to be a complainant in a matter such as this and the same has not been indicated in the MP’s matter.