Nairobi ODM chair George Aladwa’s case regarding incitement to violence will move forward to a hearing after his attempt to have the charges dismissed on the basis of a defective charge sheet was unsuccessful. In a ruling delivered on February 1, 2017, Chief Magistrate Francis Andayi determined that the case should proceed to a full hearing, as he found no merit in the defense’s claims regarding the alleged defects in the charge sheet.
The magistrate noted the presence of the signature of the Director of Public Prosecutions (DPP), Keriako Tobiko, indicating that the case had been properly referred to him by the police after their investigation. He emphasized that the DPP had confirmed the charge sheet’s validity, asserting that it was appropriately drafted and that the prosecution was indeed managing the case.
In his deliberation, Andayi considered arguments from both the prosecution and defense but was not convinced by the defense’s assertion of defects, stating that they failed to provide sufficient evidence to support their claims. Furthermore, the defense did not present any legal authority to demonstrate how the rights of the accused had been violated.
Aladwa’s attorney, John Khaminwa, had previously argued that the charge sheet was based on the old constitution and thus should not be used for prosecution. He contended that the document should be amended to clarify that the police, rather than the DPP, had recommended the charges against his client. Khaminwa also requested the removal of references to ‘Christian’ and ‘tribes’ in the charge sheet, advocating for a revised document that accurately reflects the current legal framework.
Lawyer Khaminwa had submitted that the accused person is a senior politician who is contesting for the Makadara parliamentary seat and the case may affect him during the next general election.
According to Khaminwa, the charge sheet contains a police rubber stamp despite the fact that they are not allowed to prosecute.
The magistrate set the case to be heard on 23rd and 26th May 2017.
In the case, Aladwa is accused of uttering words allegedly to be desirable to bring death to certain Kenyans.
He was arrested on October 23, 2015 by Flying Squad officers and taken to the CID and Kilimani Police station to record statements.
Recently, former chief Magistrate Daniel Ogembo had declined to stop the proceedings against Aladwa and said the hearing will continue unless the high court issues orders suspending it.
Khaminwa had requested Ogembo to suspend the proceedings at the trial court pending the outcome of the petition filed at the high court.
