Aladwa wants court to drop in­cite­ment charges

The Star (Kenya) - - Politics Judiciary -

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.

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