Ngunyi loses bid to stop his prosecution for alleged hate speech

Political analyst Mutahi Ngunyi. PHOTO | FILE

Political analyst Mutahi Ngunyi has lost his bid for temporary court orders stopping the Director of Public Prosecutions (DPP) from charging him over allegations of hate speech.

Mr Ngunyi, through lawyer Jennifer Shamalla, had argued that the intended prosecution was malicious and a violation of his rights.

He said the National Cohesion and Integration Commission (NCIC) did not carry out investigations to prove he was engaged in hate speech.

“The NCIC did not follow the right procedure in their handling of the case. They never summoned Mutahi to record any statement, and whatever decision they reached to charge him is a clear case of abuse of powers,” said Ms Shamalla.

Justice Joseph Onguto, however, declined to grant Mr Ngunyi temporary orders stopping his prosecution.

The judge instead directed that the application be served on the DPP and the NCIC for a hearing involving all parties on Thursday.

The DPP on Monday recommended that Mr Ngunyi be charged with hate speech and incitement to violence over statements he allegedly posted on his Twitter page disparaging Cord principal Raila Odinga and the Luo community.

A statement from the DPP’s office indicated that there is evidence to charge Mr Ngunyi with ethnic contempt, contrary to the National Cohesion and Integration Commission Act.

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