Aladwa wants court to drop incitement charges
Former Nairobi Mayor George Aladwa yesterday urged a court to terminate charges of incitement to violence against him, saying they are defective.
Through lawyer John Khaminwa, Aladwa told trial magistrate Daniel Ogembo that the charge sheet violates the Constitution. “A charge is a state document and must be consistent with the Constitution,” he said.
The case was scheduled for hearing yesterday but did not proceed after the defence said the charge sheet does not contain sufficient details as required by law. The lawyer said the police do not have a mandate to prosecute in criminal proceedings and only the DPP has the powers to do so.
He also said politicians have freedom of speech while addressing rallies.
But the prosecution, led by Duncan Ondimu, said the charge sheet is properly drafted and contains sufficient details.
He said the accused did not object to the charges during plea taking.
“The court should not allow the defence application since by doing so it will allow the consequences of the 2007-08 PEV to recur. No politician is allowed to incite people,” the prosecutor said.
Aladwa is out on Sh3 million bond with an alternative Sh500,000 bail.
The magistrate will deliver his ruling on November 15.