Attorney-General Githu Muigai on Tuesday sued two government agencies; the police and Director of Public Prosecutions (DPP) Keriako Tobiko.
In his suit, the AG is seeking to have the police and the DPP drop incitement charges against Mihango MCA Paul Kiguathi who led residents in demonstrations against closure of the Mihango -Kayole link road by the Kenya Defence Forces (KDF).
According to Prof Muigai who filed the application on behalf of the MCA, the new charges against Kiguathi are unfounded and malicious as the row between Mihango residents and the KDF was already resolved.
Mr Kiguathi was arrested and charged in October last year for his standoff with the KDF.
Kiguathi's case was, however, dismissed by Makadara Magistrate H. M. Njaga in February after the prosecution failed to proceed with the suit against Mr Kiguathi.
The prosecution, however, filed a new suit against the MCA which the AG is against and now wants the court to dismiss.
“Mr Kiguathi only acted within his civic duties and never incited anyone. The purported filing of charges at Makadara is an attempt to further re-open the matter that was dismissed by the court and the same is overly oppressive and manifestly unjust.
"The initial complaint that had caused the problem has long been resolved through the intervention of the head of state,” Prof Muigai’s suit read in part.
The Mihango-Kayole link road made the headlines in November last year after President Uhuru Kenyatta ordered the KDF to allow members of the public to use it.
