Haji given more time to decide on Muthama case
A Nairobi court on Tuesday gave Director of Public Prosecutions (DPP) Noordin Haji a month to make up his mind about incitement charges against former Machakos Senator Johnston Muthama and Makadara MP George Aladwa.
Chief magistrate Francis Andayi gave the DPP a last chance after a state prosecutor informed the court that they needed more time to receive direction from their boss about the cases on whether he will withdraw them or have them proceed to full trial.
However, defence lawyer John Khaminwa for the two politicians accused the prosecution of delaying his decision on the incitement to violence charges against him.
He reluctantly granted a last adjournment of the hearing of the case against Muthama that is yet to be concluded since six witnesses have already testified.
“The prosecutor who is in court today does not have proper instructions ordirections in regard to this matter and I will therefore grant a last adjournment. It is more than five years now that the matter has now fallen under backlog of cases,”ruled Andayi.
Haji is said to be still reviewing the file in which Muthama is facing incitement to violence charges
Khaminwa told the court that the prosecution has been delaying this case and that Muthama and Makadara MP George Aladwa, who is also facing incitement to violence, charges are being discriminated.
“As it has been set out by Authorities, a magistrate has a jurisdiction and is at liberty to dismiss a case if the prosecution is not taking the case seriously,”said Khaminwa.
The two cases will be mentioned on December 17, 2019 for Haji to give directions in the matters.