Bobasi Member of Parliament Innocent Obiri has filed a petition challenging an incitement charges leveled against him at the Kisii Law Courts.
Appearing before Chief Magistrate Nathan Shiundu on Thursday, the MP, through his lead counsel Katwa Kigen, prayed to the court to certify the application as urgent and allowed for a hearing date on priority of its basis.
The filed petition of the MP was to quash out accounts of incitement and causing disturbance in county 45 quarry which is situated at Nyamonema,Bobasi constituency
On the application, Kigen read, Mr. Obiri can be further tried in court on account of incitement under section 96 penal code cap 63, however the said section has been declared to be unconstitutional.
Kigen said the MP cannot be further tried in court in this account for it depends on the viability of the charges of incitement and this has already been declared unconstitutional.
In 2018, Honourable was charged with incitement to violence contrary to section 96 of the penal code by uttering words which indicated that its desirable to damage or property.
The MP was also accused of threatening breach of peace contrary to section 95 that he entered a quarry thereby creating disturbance.
Kigen argued that the high court has already declared in a judgment as a fact that to charge incitement is unconstitutional in a Nairobi high court petition.
Prosecution asked for more time to go through the petition and to give his side.
The petition was pushed for a further hearing on 09/07/2020.