Korogocho Ward Representative Absalom Odhiambo has formally been charged with incitement to violence.
According to the charge sheet, the MCA on January 25 uttered inciting words that implied causing anarchy in the country.
The prosecution alleged that the legislator said, “Kwa siasa ya Taifa tuna taka tutoke kwenda ikulu tutoe huyu mwizi, nataka tuingie town tufunge biashara, hakuna biashara itaendelea hii town ya Nairobi, ndio William Ruto aheshimu Raila Odinga. Lazima tufunge biashara hii town.”
He faced a second count of using threatening abusive words with the intent to provoke peace on the same day.
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Appearing before Milimani chief magistrate Lukas Onyina on Monday, Odhiambo entered a not-guilty plea.
The prosecution did not oppose his release on bond but asked the court to bar the accused from addressing any public forum.
“The accused being a politician should not interfere with witnesses and further should not make comments in the media about the trial of this matter,” state lawyer Anderson Gikunda told the court.
Odhiambo’s lawyers; Danstan Omari and Gregory Ndege, sought to have their client released on lenient bail terms on grounds that he is a public officer.
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Omari also urged the court not to gag his client from addressing the public as he is a politician and it is his job. The defense counsel also stated that the legislator is not a flight risk.
The court released the lawmaker on a Sh100,000 cash bail and warned him against witness tampering.
The case will be mentioned on February 20.
Last week, Odhiambo was released unconditionally by principal magistrate Gilbert Shikwe saying the case was not based on any legal provision.
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