Mombasa,KENYA:Mombasa court on Monday postponed charges against Changamwe MP Omar Mwinyi to 8th May, 2017
Mr. Mwinyi had made an application seeking court to stop the DPP from charging him.
Through his lawyer Jared Magolo,he said that the issue was to be addresed by the ODM party disciplinary committee.
Mwinyi is alleged to have interfered with election material contrary to section 13 (d) of the election offences act no. 37 of 2017.
According to the charge sheet seen by Baraka Fm, Mr.Mwinyi is alleged to have committed the offences on 22nd April, 2017 at Mwindani social hall Changamwe in Mombasa.
He might also be charged with obstructing election officers, who are an ODM party presiding officer and a police officer from executing their duties during the primaries.
Mombasa chief magistrate Ericka Makori said the election charges against the MP were new in the constitution and directed the DPP to consult before proceeding with a case.
“It is hard to determine whether party primary offences fall under election amendment act”said Makori.
He also directed the ODM party to try solving the dispute before all the parties appear again in court on the 8th May,2017.
Mwinyi was arrested on Saturday and detained at port police station before released on a police bond of Sh.20,000
