DPP seeks more time to re­view Kabogo case on Raila re­marks

The gover­nor did not men­tion any politi­cian in his speech. He called for young boys to go for cir­cum­ci­sion as De­cem­ber ap­proaches – wit­ness Charles Kareri

The Star (Kenya) - - Counties Central - CAROLE MAINA @MainaCa­role

DPP Ke­ri­ako To­biko yes­ter­day sought the ad­journ­ment of a case in which Ki­ambu Gover­nor Wil­liam Kabogo is ac­cused of mak­ing dis­parag­ing ut­ter­ances against Cord leader Raila Odinga.

State pros­e­cu­tor Dun­can Ondimu told the court To­biko wants to re­view the en­tire case be­fore he pro­ceeds. Ondimu had ini­tially told mag­is­trate Martha Mu­tuku he would present four wit­nesses, but re­treated af­ter calling two.

“Fol­low­ing what the two wit­nesses have told the court, I do not want to call the other two to­day to avoid rep­e­ti­tion,” he said.

Dur­ing cel­e­bra­tions to mark mu­si­cian John de Mathew’s 30-year mu­sic ca­reer at Thika Sta­dium on Oc­to­ber 25 last year, Kabogo said “fore­skin in­hibits think­ing”. The state­ment was taken to be directed at Raila.

Wit­ness Mathew said Kabogo did not men­tion any politi­cian in his speech. An­other wit­ness, Charles Kareri, said Kabogo talked of young boys in the vil­lage “who need help get­ting cir­cum­cised”. Kareri told the court Kabogo said, “As we ap­proach De­cem­ber, young boys should go for cir­cum­ci­sion.”

The pros­e­cu­tion has eight wit­ness- es. Kabogo’s lawyers Issa Mansur and Ed­ward Oonge op­posed Ondimu’s ap­pli­ca­tion for an ad­journ­ment, say­ing the gover­nor wants the case con­cluded ur­gently so he can con­cen­trate on his du­ties.

“There is no jus­ti­fi­able rea­son given by the pros­e­cu­tion to war­rant the de­lay. What­ever ev­i­dence it has, it should bring it be­fore the court or close the case,” Oonge said.

Ondimu said the law al­lows him to re­view an on­go­ing case and that it was the first ad­journ­ment he was seek­ing. “The ap­pli­ca­tion is not eq­ui­table to us aban­don­ing the case. We are not shy­ing away from our re­spon­si­bil­ity,” he said. Both par­ties agreed the hear­ing be pushed to Novem­ber 28.

/PHILIP KAMAKYA

Ki­ambu Gover­nor Wil­liam Kabogo leaves the Mil­i­mani law courts yes­ter­day with lawyer Issa Man­sour

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