Kenya: Court Defers Contempt Case Against Ole Kina

Mr Riungu told the court that the application to defer the plea is aimed at delaying the disposal of the case filed against the politician.

“The charge presented before court is not defective at all. It is proper. Let him answer it,” Ms Fuchaka said.

Mr Riungu said the charge sheet as drafted “satisfies all the legal requirements as the facts as presented are clear and understandable.”

He said the charge sheet discloses an offence and “the senator should not fault it now but should be called upon to answer it.”

Mr Riungu said Article 27 of the Constitution stipulates that all must be treated equally in the face of the law.

“There should be no law for Senators and ordinary citizens. All should be treated equally in the face of the law .He should plead now,” Riungu urged the magistrate.

He stated Mr Ombati was served with summons and the charge in May 22 and “he had all the time to file the application opposing the case.”

In her brief ruling the magistrate allowed the defence lawyers request to lodge an application challenging the charge as it is drafted.

“I will allow the defence request to challenge the charge,” ruled Ms Mutuku.

The charge drawn against ole Kina is that of ethnic contempt contrary to Section 62 (1) of the NCIC.

It is alleged that on February 19 during a television interview, ole Kina allegedly uttered words that were intended to incite feelings of discrimination against non-Maasai communities living in Narok County.

Ms Mutuku extended the police bond given to ole Kina up to June 5.