A warrant of arrest has been issued against Tana River Senator Ali Abdi Bule despite the director of public prosecution’s request that the senator be summoned to appear in court.
The senator will on Monday be charged with ethnic contempt and Incitement to violence,alleged to have been committed in July in Garsen, Tana River.
Mombasa senior principal Magistrate Diana Mochache declined to summon the senator but instead issued a warrant of arrest against him saying it is a criminal case and whenever someone is to be charged and does not appear in court a warrant of arrest should be issued.
She directed that the warrant be enforced by Garsen OCS and the investigating officer from the National Integrity and cohesion commission.
Senior state counsel Alexander Muteti told the court that he had received directions from the DPP that the senator be charged with the offence based on reports from National Integrity and cohesion commission which proved they had merits to charge the senator in court
“Your honor we have come here to seek summons that he appear in court on Monday so that he can take plea and we would like to give him the benefit of doubt as he was not aware that we are moving to court today” said Muteti.
The charge sheet reads that Ali Abdi Bule on July 15, at Huraracentre, Garsen sub county in Tana river county within the republic of Kenya he uttered words to wit‘NTAHAKIKISHA WAGIRIAMA WOTE WATARUDI MAHALI WAMETOKA’ words intended to incite feelings , hostility and violence against the Giriama community on the basis of their Ethnicity.
He will also be charged with a second count of Incitement to Violence to which the particulars of the offence are that On July 15 2015, at Hurara center, Garsen sub county in Tana River county without lawful excuse uttered words to wit ‘NINAONA NYIYO HAMNA HAKIRI KWA HIVYO MIMI NTANUNUA PANGA ISHIRINI NIWAPE WATU WANGU AMA NYINYI WAGIRIAMA MWANZE VITA MKATWE VICHWA KABISA’, words indicated it desirable to bring death and physical injuries to persons in Kenya, according to the charge sheet.
The matter will be mentioned on Monday November 2ND for purposes of taking plea.