Changamwe MP Omar Mwinyi appeared in court on Monday charges over violence that rocked ODM party nominations at Bomu Primary School, Mombasa.
His plea was however deferred after an application by his lawyers.
Through his lawyers, the MP asked Mombasa Chief Magistrate Evans Makori to defer the plea for 30 days to allow ODM party explore internal party dispute resolution mechanisms.
“The charges are abuse of the court process, the party has internal dispute resolutions mechanisms,” said defence lawyer Mohamed Khatib.
He added that the Directorate of Public Prosecutions is being used to abuse legal process.
Mr Khatib argued that the MP is prepared to submit himself to the party’s internal processes as ODM is the complainant in the case.
He said the 30 days requested will be enough for the party to sort out the issue.
Lawyer Jared Magolo told the court that there will be no prejudice to the prosecution should plea be deferred.
“The court should take judicial notice that we are in electioneering period,” his other lawyer Michael Oloo told the court.
The prosecution opposed the application saying it will suffer prejudice if MP’s plea is allowed.
Principal prosecution counsel Jami Yamina said the defence is asking the court to let ODM party disciplinary committee do the work of the Director of Public Prosecution.
Mr Yamina said if the case is adjourned, there will be a delay in the criminal proceedings initiated hence the accused ought to plead to the charges.
Another State counsel Daniel Wamotsa said internal party proceedings have no role in court proceedings.