DPP UNABLE TO PROCEED WITH THE TRIAL WHERE LAW MAKER ALADWA WAS CHARGED WITH INCITEMENT TO VIOLENCE

DPP UNABLE TO PROCEED WITH THE TRIAL WHERE LAW MAKER ALADWA WAS CHARGED WITH INCITEMENT TO VIOLENCE

By Chris Ojow

The State Prosecution is unable to proceed with the criminal case where a Kenyan elected legislator George Aladwa was charged with incitement to violence.

During the direction of the criminal case before Nairobi’s Chief Magistrate Francis Andayi at Milimani Law Courts Nairobi County Kenya .

The State Prosecution before a packed lower criminal Court, informed the Court that they are not ready to proceed with the trial and even failed to offer compelling reasons for failure to proceed with the serious incitement criminal case.

The elected Law Maker of Makadara Constituency George Aladwa was charged with incitement to violence.

Through his officer of the Court Dr. John Khaminwa in a brief submission, the Senior Counsel urged the Court in spirit of the current handshake in volatile Kenyan political arena to withdraw the criminal case under section 202, where it’s state that if the State is continuously adjourning the Court matter and has no intention to proceed with the trial, the accused can be acquitted from the criminal case.

It is alleged that on 20th day of October 2015 at Kamukunji kibra within Nairobi County unlawfully uttered words to wit “2017 imekaribia na sisi watu wa ODM tumebaki na risasi moja na miminimesema na nimeambia party leader Raila Amollo Odinga, this time round the outcome of election ikiwa tumeshinda na watunyanganye wacha kiumane. Wangapi wanakubaliana na mimi? Tumekubaliana? Fire! Fire! Fire Raila ndiyo akuwe President lazima watu wakufe kiasi, kwani kuna makosa gani? Na sisi apana watu wa kutishwatishwa Lazima Raila aende mbele. Raila aende State House ama asiende? With intend to incite the public to violence and disobedience of the law.

Appearing before Chief Magistrate Francis Andayi, the lower criminal court adjourned the matter to give the Director of Public Prosecution to put it’s house in order.