A voter has moved to court seeking to stop the arrest and prosecution of Kitutu Chache Member of Parliament Richard Onyonka over the said hate speech remarks he made while addressing a gathering in Kisii County.
Through his lawyer Danstan Omari, the man is also seeking a judicial review quashing any decision by the Director of Public prosecutions to charge and prosecute the MP over the utterances.
"An order of PROHIBITION does hereby issue consequently prohibiting the Respondents either by themselves or their agents from arresting, arraigning, charging and or prosecuting the 1st Interested party over the findings of the investigations or recommendations arising out of the directives from the 2nd Respondent to the 1st Respondent dated the 10th January 2022" read the application.
Through Omari, the voter also claims that directives of the DPP to the IG copied to the NCIC to commence investigations are illegal and against the National Cohesion and Integration Act, No.12 of 2008.
"The directive is a kneejerk/thoughtless reaction, populist and a legal nonstarter as it bypasses the known legal requirements under the act by the commission" read the application.