Kitutu Chache South MP Richard Onyonka yesterday presented himself before detectives in Kisii town over hate speech as a Nakuru court finally released Meru Senator Mithika Linturi on a Sh5 million bond over the “madoadoa” remarks.

Onyonka, accompanied by his lawyers Wilkins Ochoki, Ombui Ratemo and his Dagoretti North colleague Simba Arati, appeared before the Kisii County DCI officer Lynna Kabaillah and Sub-County police boss Peter Kimani and recorded a statement before being set free.

In Nakuru, Chief Magistrate Edna Nyaloti granted Linturi a conditional bond of Sh5 million, surety of a similar amount or pay an alternative cash bail of Sh2 million. 

The magistrate, in her 10-minute ruling, spelt out tough terms for the senator, including reporting to DCI headquarters every Friday for the entire duration of investigations. 

“Respondent is to appear before the director of investigations at DCI headquarters to assist in investigations,” she ruled. 

In Kisii, Onyonka’s lawyers said they had responded to summons from the Director of Public Prosecutions Noordin Haji that he surrenders to detectives within seven days and record a statement over his utterances. 

“The MP is a politician. The Constitution allows freedom of speech and association. This is a season of politics,” Ochoki told the press outside the police station, adding that he was not sure the nature of offence the MP had committed, if any.

He added: “There was no hate speech. Police have nothing to investigate. He is not a flight risk and he will be available when wanted.”

Onyonka, who was also flanked by several Ward Reps was very brief, only stating thus: “We belong to team Simba. Thanks for coming,” before leaving. 

But even as he was being set freed in Kisii, an activist moved to a Nairobi court to challenge the DPP’s directive to the Inspector General of Police to investigate Onyonka over hate speech.

Fredrick Bikeri wants the High Court to quash Haji’s letter to the IG, saying he does not have that mandate and it contravenes the National Cohesion and Integration Act. Through lawyer Danstan Omari, activist claimed the DPP’s directives to the IG, though copied to the National Cohesion and Integration Commission, is a knee-jerk and thoughtless reaction, populist and a legal nonstarter as it bypasses the known legal requirements under the NCIC Act.

Limited freedom

“It is also an invasion to the jurisdiction and mandate of NCIC as prescribed under section 25 of the National Cohesion and Integration Act, No.12 of 2008,” he says in court documents.

In Nakuru, the magistrate warned that Linturi’s freedom of speech remained limited for the time of investigations, adding that he should not make any comment in relation to the case. 

She added; “The respondent should not contact, intimidate any witnesses whether potential or imagined and should not contact through proxies or personally.”  Magistrate, in reaching her decision, noted that the prosecution had failed to provide compelling reasons to hold Linturi for seven more days. Prosecution, through Counsel Joshua Jemsumba had argued that the senator, who wields immense political influence had a potential of interfering with witnesses. 

Nyaloti, however, noted that the claim was not substantiated, explaining that the court is satisfied that witnesses can be protected through the witness protection agency. Stories by Roy Lumbe, Robert Ochoro and Bernice Mbugua