Ngunyi seeks out of court settlement in hate speech case - VIDEO

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His lawyers said a similar reprieve had been extended to former minister Chirau Ali Mwakwere whose case was dropped after he made a public apology.
The Director of Public Prosecutions (DPP) Keriako Tobiko, however, has opposed Mr Ngunyi's move.

Political analyst Mutahi Ngunyi got a temporary reprieve in the hate speech case that has been stalking him after a criminal court adjourned his trial today to give him time to reconcile with his accusers.

Defence lawyers Jennifer Shamala and Michael Amalemba told the court that Mr Ngunyi has written to the National Cohesion and Integration Commission (NCIC) to notify it of his intended reconciliation.

The lawyers said a similar reprieve had been extended to former minister Chirau Ali Mwakwere whose case was dropped after he made a public apology.

DPP opposes move

However, the Director of Public Prosecutions (DPP) Keriako Tobiko has opposed the move. Through his assistant Leonard Maingi, Mr Tobiko wants the criminal case to proceed to a full hearing and determination.

"The fact that they wrote a letter in December and are yet to get a reply speaks for itself, that silence speaks for itself", Dr Maingi told the trial court.

He said that as far as the prosecution was concerned the two witnesses including a forensic expert who were in court have been ready to table their evidence against Mr Ngunyi.

Mr Ngunyi faces four charges of ethnic contempt and hate speech before a Nairobi court. He is out on a Sh200,000 cash bail.

Mr Ngunyi was charged after losing a bid a bid to stop his prosecution by the DPP. The DPP's office has indicated there is evidence to charge Mr Ngunyi with ethnic contempt, contrary to the National NCIC Act.

READ: Ngunyi loses bid to stop his prosecution for alleged hate speech

The case rose from messages Mr Ngunyi allegedly posted on his Twitter page, disparaging Cord leader Raila Odinga and the Luo community.

On Wednesday the trial court allowed Mr Ngunyi to pursue "reconciliation" and report his progress on March.

Ms Shamalla said she would report on the follow up on the letter to NCIC. She said the constitution has "a window" for reconciliation adding Mr Ngunyi should be given an opportunity to exercise his right.

Other politicians like the Gatundu MP Moses Kuria and Kabete MP Ferdinand Waititu also have hate speech cases pending in court after the DPP rejected their bid for reconciliation on grounds that NCIC has no legal powers to acquit a suspect.