The High Court has reinstated hate speech and incitement to violence charges against former Machakos Senator Johnstone Muthama.
This comes after the Director of Public Prosecutions (DPP) successfully appealed the decision of the lower court that threw out the case.
Justice Grace Machari ruled that she did not believe the DPP abused his powers by bringing forth the charges against the former Senator.
She stated: "I find the application by the DPP merited and the same succeeds. I set aside the orders of the lower court issued on July 28, 2016. l substitute it with an order that the charge sheet filed by the prosecution before Milimani Chief Magistrate court be reinstated."
The judge further ordered Muthama to appear before the court on October 6th for the issuance of hearing dates.
[caption caption="Muthama in court for the case whose charge sheet has been reinstated"]
[/caption]
If found guilty for hate speech, the former Senator could be sentenced for three years in jail or a fine not exceeding one Million shillings.
In July 2016, Muthama was arraigned in court alongside seven other legislators on hate speech charges.
He had earlier been arrested and detained before being taken to court and also charged with the offence of incitement to violence.
Chief Magistrate Daniel Ogembo dismissed the charges against the ex-Senator.
The court ruled that it was wrong to charge Muthama for an offence committed in the previous year while the other legislators charged alongside him were in the dock for more recent offences.
[caption caption="Muthama in Court alongside Gatundu South MP Moses Kuria"]
[/caption]
Recently, he was arrested and taken to Pangani Police Station where he spent the night alongside Gatundu South MP Moses Kuria.
The two were arraigned in court on hate speech charges made at various rallies and were released on a Sh 300,000 cash bail.
