Waititu’s longstanding incitement case to conclude next month
An incitement to violence case involving Kabete MP Ferdinand Waititu will be determined on January 31, 2017.
The case against the law maker has been in court for the last four years for utterances he made following the killing of a youth by security guards at a property in Kayole estate Nairobi.
Defense lawyer Cliff Ombeta is however calling for the discharge of his client for failure by the prosecution to call a key witness who video-taped him “inciting residents of Kayole against the security guards whom he says were foreign nationals.”
Mr Ombetta says the trial cannot proceed forever and is asking the court to compel the state to close its case so that he can agitate the acquittal of Mr Waititu for lack of evidence to put him on his defence.
The Nyakach DCIO John Wainaina told Ms Gandani when he testified against Mr Waititu said the then Kayole DCIO Daniel Mureri and the OCPD Gerald Mbae were eye witnesses when Mr Waititu made the utterance.
Mr Wainaina who was then deputy DCIO said as a result of the alleged utterance, three security guards were attacked and injured by an angry mob.
However, on cross-examination by Mr Ombeta, the senior investigator, said he did not interview any of the people addressed by Mr Waititu to say they were agitated to commit a felony by the alleged words of then Embakasi Member of Parliament.
Mr Waititu has denied the charges against him and is out on bond.