The Kisumu High Court has ordered for the immediate arrest and prosecution of Gem MP Jakoyo Midiwo for claiming, in 2012, that there was a plot to kill Opposition Leader Raila Odinga.
The MP challenged the move by the Director of Public Prosecution (DPP) Keriako Tobiko to arrest him over the claims but Justice Hillary Chemitei dismissed the application.
“It is my finding that the petitioner (Mr Midiwo) has failed to demonstrate that the intended prosecution was driven by another purpose other than justice and enforcement of the law. The same is hereby dismissed with costs to the respondents,” Justice Chemitei said on Monday.
The claims which Mr Midiwo made in Bondo on April 7, 2012, alleged that some individuals in the Ministry of Foreign Affairs including the then Minister Sam Ongeri, had schemed to kill Mr Odinga.
“Chairman, they want to kill you. You are about to die in a few weeks to come. I am ready to record a statement even before the Bondo OCPD to confirm the seriousness of the matter,” said Mr Midiwo.
In his petition to the High Court, Mr Midiwo accused the DPP of playing politics by ordering his arrest instead of launching an investigation into his remarks.
The Court Prosecutor, however, stated that Mr Midiwo failed to substantiate his claims and may have spoken out of gaining political milage ahead of the 2013 General Election that were months away.
The prosecutor further argued that Mr Midiwo refused to reveal the source of the remarks when he recorded his statement with the Criminal Investigation Department.
