Raila summoned to court on hate speech charges

Former Prime Minister Raila Odinga has been summoned to appear before a court in Kibera over alleged inflammatory remarks made at a rally in Kisumu on 17 January.

During the rally, Raila is reported to have claimed that the IEBC used the military to eject Cord agents from the national tallying centre at Bomas during the presidential election of 2013.

Raila is reported to have equated what happened in Bomas to a military coup.

"They are just going in circles because of what they took - nobody won. They took it by force as Kajwang’ was telling you. What happened there is similar to what is called a military coup. Because this thing was being co-ordinated by military chiefs. This is why all our people went to Bomas of Kenya. Jimmy son of Ugenya was there. Otuoma, Anyang’ Nyong’o, Franklin Bett, Henry Kosgey. They were all ministers with flags. They were being pushed like dogs to go away. That is why whoever is saying these people did not work and they are to blame for our loss is as stupid as his mother, that thing was planned and Kibaki was aware," Shayo quotes Raila as having said.

Through his lawyer, Kiharu MP Irungu Kang'ata, Aaron Shayo, who attended the rally, said Raila's statements were alarming, false and full of rumours that were likely to cause fear and alarm among the public. He also said the offense was punishable under Sections 66, 77 and 132 of the Penal Code, Cap 63 of the Laws of Kenya.

Shayo adds that Raila also said Chief Justice Willy Mutunga was coerced to deliver an election petition judgment he did not believe in.

It however remains unclear which utterances Shayo has taken offence to. According to his lawyer, they are seeking orders to prosecute Raila because the DPP had failed to do so even after being given the evidence.

Shayo's lawyer said he is reviewing audio recordings of other Cord rallies with a motive to amend the case to include them and possibly the other two Cord Principals – Moses Wetang’ula and Kalonzo Musyoka.

Senior resident Magistrate Brian Khaemba on Thursday ordered Shayo to serve Raila and Tobiko with a hearing notice, effectively reversing his previous orders in which he had directed the applicant to remove Raila’s name from the suit and only serve the DPP.

The case will be mentioned on 29 July, when all concerned parties are expected in court for the hearing. Raila can however choose to appear in person or send a lawyer to represent him during the hearing and determination of the application.