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‘Somebody’ wants Muthama jailed, defence lawyers claim

Five defence lawyers have protested the move by the Director of Public Prosecutions (DPP), Keriako Tobiko, to drop two prosecutors from the incitement case against Machakos Senator Johnson Muthama.

Lawyers Dr John Khaminwa, James Orengo, Jully Aulo, Harun Ndubi and Antony Oluoch claim somebody somewhere wants Muthama jailed yet Jubilee MPs Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete) and Kiambu County Governor William Kambogo have been acquitted of similar charges.

Mr Tobiko appointed senior assistant director of public prosecutions, Moses Omirera, to prosecute Mr Muthama who has denied inciting Kenyans to “oust the government of President Uhuru Kenyatta for allegedly failing to increase salary for teachers and oppression.”


Dr Khaminwa and Senator Orengo said there was much more in the withdrawal of prosecutors Duncan Ondimu and Eddie Kadebe, who were leading the case alongside another prosecutor Dr Leonard  Maingi.

Mr Ondimu had on Wednesday told the trial magistrate, Francis Andayi, that he was being frustrated by the NCIC officers who investigated the case against Muthama by failing to avail to him crucial exhibits.

Dr Khaminwa said the sole reason why Mr Omirera took over the case was to delay its determination. He also added that it appears the DPP’s office has embarked on a mission to ensure they convict Muthama.

“A prosecutor is supposed to aide the court to arrive at a fair decision and not to secure a conviction. The withdrawal of the two competent prosecutors (Ondimu and Kadebe) leaves alot to be desired,” Dr Khaminwa stated adding, “This court was determined to finalise this 2015 case today (Friday).”


But Mr Omirera defended himself from accusations that he was an impediment to the speedy disposal of the case against Muthama and activist Japheth Moroko.

He asked the magistrate to adjourn the case against Muthama to acquaint himself with the part-heard case which he said was of exceptional public importance.

But that submissions was countered by Mr Orengo who wondered why the Muthama case is special unlike “those against Waititu, Kuria and Kambogo among others.”

Mr Andayi however interjected saying all cases are equal in the eye of the law and allowed Mr Omirera time to acquaint himself with the case which he directed to proceed on November 8 and 9, 2017.