Mombasa, KENYA: Changamwe Member of Parliament Omar Mwinyi was on Tuesday charged in a Mombasa court for allegedly interfering with election materials during ODM primaries.
The court heard that Mr.Mwinyi and others not before court, unlawfully destroyed ODM ballot boxes during party primaries held on 22nd April 2017 in Mombasa, contrary to the election offence act.
Earlier, Mr.Mwinyi had protested against the office of DPP from executing election offence charges against him.
Through his lawyer Jared Magolo,Mr.Mwinyi said the primary election did not fall under election act and applied for the court to acquit him.
However, in his ruling, Chief Magistrate Erick Makori ruled that party primaries fall under election offence act and gave the DPP direction to charge him under election offence act.
Mr.Mwinyi is alleged to have destroyed ballot boxes at Mwidani social hall,Bomu primary school and Al-Inshadi nursery in Changamwe constituency within Mombasa county during ODM nomination.
He is also charged with the offences of obstructing election officers and using violence on a police officer who provided security during election.
Mr.Mwinyi is alleged to have directly used violence by inflicting harm against a police officer who was mandated to give security at Mwindani social hall during ODM nomination exercise and also obstructing the presiding officer from executing his lawful duties.
He pleaded not guilty to all offences before Mombasa chief magistrate Makori.
Mr.Makori further directed the accused person to be released on a surety bond of sh.400,000.
The case is set for hearing on 21 and 22 November 2017.