NCIC, DPP at loggerheads over Linturi’s hate speech case
The National Cohesion and Integration Commission (NCIC) has pointed an accusing finger at the Office of the Director of Public Prosecutions over the dropped charges against Meru Senator Mithika Linturi’s ‘madoadoa’ remarks.
The NCIC faulted Noordin Haji’s agency for letting Linturi walk free despite having a watertight case and have termed the action as a “conspiracy to defeat justice”.
Skitter Ocharo, the CEO of NCIC, says that the case against Linturi was of public interest and he should have faced charges of ethnic contempt contrary to Section 62(1) of the NCIC Act No. 12 of 2008.
“Section 4(1) of the ODPP Act provides that in fulfilling its mandate, the office shall be guided by the Constitution, following fundamental principles, such as the need to serve the cause of justice, prevent abuse of the legal process and public interest,” she said.
Ocharo further faulted the office of the DPP for case predicament, stating that the office of the DPP knew that the High Court had ordered that the petition … would be heard if the suspect (was) not charged by February 28.
On the other hand, DPP stated that they had to drop the charges since police were yet to provide enough evidence to support the charges against Linturi.
Linturi was arrested on January 8 and taken to court on January 10.
Under Section 96 of the Penal Code, offenders found guilty of propagating hate speech are liable to imprisonment for a term not exceeding five years.
