In Summary
  • More governors, MPs and ward representatives have been arraigned for various offences in the last five years.
  • MPs seem to be the most notorious of the lot, with a number of them facing charges that range from abuse of office, incitement to violence, murder and attempted murders.

When the New Constitution was promulgated in 2010, the hope among Kenyans was that it would promote integrity, responsibility and accountability among State and public officers, and especially elected leaders.

Ten years later, the jury is still out whether Chapter Six of the Constitution has nurtured these values as its drafters had envisioned. 

Despite the provisions of the Constitution on leadership, the number of rogue leaders seems to be on the rise in Kenya.

INCITEMENT TO VIOLENCE

More governors, MPs and Members of County Assemblies have been arraigned for various offences in the last five years than at any other time in Kenya’s history.

MPs seem to be the most notorious of the lot, with a number of them facing charges that range from abuse of office, incitement to violence, murder and attempted murders.

The Nation looks at some of the past and current incidents where national leaders have found themselves on the wrong side of the law.

Gatundu South MP Moses Kuria

Gatundu South MP Moses Kuria in a Nairobi court on April 13, 2017 during the hearing of an incitement to violence case filed against him. PHOTO | FILE| NATION MEDIA GROUP

1. Moses Kuria, MP, Gatundu South

Charges: hate speech, assault

•Moses Kuria was charged with the offense of using hate speech against ODM leader Raila Odinga and his wife Ida Odinga at the height of the presidential election debacle in 2017.

•On September 5, 2017, at Wangige Market in Kiambu County, he had said “wembe ni ule ule” (we’ll use the same razor), against Odinga, referring to the repeat presidential election.

• He was released on a cash bail of Sh300,000.

• In August 2019, Chief Magistrate Francis Andayi ruled that the MP had no case to answer.

• The prosecution had failed to authenticate the source of the video where Mr Kuria was alleged to have used foul language.

• The woman, Joyce Wanja, accused the MP of hitting her during a debate on the Building Bridges Initiative (BBI) report.

•Ms Wanja recorded a statement with the police, who later arrested and locked up the MP two weeks ago.

•Chief Magistrate Martha Mutuku denied Mr Kuria, who has since been released, an anticipatory bail which he had applied for.

• He is expected in court on Friday to take plea for the charge after Chief Magistrate Kennedy Cheruiyot deferred the matter.

•Mr Kuria is still out on a cash bail of Sh50000.

• Status: assault case active.

Malindi MP Aisha Jumwa

Malindi MP Aisha Jumwa in a Mombasa Law Court on October 17, 2019. Detectives have unearthed scam in which millions from CDF kitty ended up in her bank accounts. PHOTO | FILE | NATION MEDIA GROUP

2. Aisha Jumwa, MP, Malindi

Charges: incitement to violence, assault, electoral offenses and breach of Elections Code of Conduct and abuse of office

• Ms Jumwa was held in October last year in connection with the murder of Ngumbao Jola.

• Jola was caught up in a scuffle between supporters of Jumwa and ODM party where he was shot and killed. 

• The police held the MP for misuse of her firearm, disruption of a rally ahead of Ganda Ward by-election.  

• Senior Mombasa Magistrate Vincent Adet later released Jumwa and her aide Geoffrey Otieno with a cash bail of Sh500,000 each after the duo spent the night in police cells in Mombasa.

• In November last year, detectives were investigating the firebrand MP for abuse of office and conflict of interest.

• Investigators said that the legislator’s family had allegedly benefitted from tenders worth more than Sh500 million from Kilifi County. 

• Status: case ongoing.

Bahati MP Onesmus Kimani Ngunjiri

Bahati MP Onesmus Kimani Ngunjiri appears in a Nakuru court on August 16, 2013. PHOTO | FILE | NATION MEDIA GROUP

3. Kimani Ngunjiri, MP, Bahati

• In 2016, the Bahati legislator was captured on video inciting rowdy youths to storm a hotel in Nakuru where Opposition chief Raila Odinga was attending a meeting.

•Mr Ngunjiri asked the youths to ensure members of certain communities to leave Nakuru County and its environs immediately.

• He vowed not to honour summons by the National Cohesion and Integration Commission (NCIC).

• That same year, he was held for assaulting a traffic policewoman.

•The matter was later settled out of court. 

•This week, the police withdrew his security and cancelled his firearm license.

•This came days after the outspoken MP claimed that some government officers were frustrating Deputy President William Ruto in his official duties.

•Mr Ngunjiri has previously asked President Uhuru Kenyatta to resign after his dalliance with Raila Odinga.

•Status: investigations still active.

Babu Owino.

Embakasi East MP Babu Owino. PHOTO | FILE | NATION MEDIA GROUP

4. Babu Owino, MP, MP, Embakasi East

Charge: attempted murder

•Babu Owino is currently in police custody at Industrial Area Police Remand for the attempted murder of Felix Orinda alias DJ Evolve at B Club in Nairobi on Friday morning last week.

•CCTV footage shows the MP pulling the trigger on the DJ who is later dragged out of the club and taken to hospital.

•On Monday, he was charged with attempted murder and pleaded not guilty.

•Chief Magistrate Francis Andayi of Milimani Law Courts on Monday allowed the police to hold the MP for seven more days pending a bail ruling.

• The DJ is still recuperating at Nairobi Hospital after a surgery to remove the bullet earlier this week.

•Calling his troubles an occupational hazard, the MP said this week that a legislator should be prepared to go to jail.

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