Lawyers have protested the removal of two prosecutors from the incitement case against Machakos Senator Johnson Muthama by the Director of Public Prosecutions Keriako Tobiko.
Defence lawyers John Khaminwa, James Orengo, Jully Aulo, Harun Ndubi and Antony Oluoch said the decision is uncalled for and meant to ensure Senator Muthama is jailed.
He is charged alongside activist Japheth Muroko.
“A prosecutor is supposed to aide the court to arrive at a fair decision and not to secure a conviction. The withdrawal of the two competent prosecutors leaves a lot to be desired.
“This court was determined to finalise this 2015 case today (Thursday),” Dr Khaminwa said.
They said that other leaders charged with incitement had been released; they are MPs Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete) and Kiambu Governor William Kabogo.
Mr Tobiko appointed senior assistant Director of Public Prosecutions Moses Omirera to prosecute Mr Muthama who has denied inciting Kenyans to “ouster the government of President Uhuru Kenyatta for allegedly failing to increase salary of teachers and for oppression”.
Dr Khaminwa and Senator Orengo (Siaya) said there is much more than is being let on about the withdrawal of the lawyers.
The lawyers are Duncan Ondimu and Eddie Kadebe; and they were working alongside Dr Leonard Maingi, who went for further studies.
Dr Khaminwa claimed that the reason why Mr Omirera took over was to delay the determination of the suit.
However, Mr Omirera told the magistrate that the case will not be compromised.
“I was not only instructed to lead the two prosecutors (Ondimu and Kadebe) but also to review all incitement cases in the country,” he said.
Mr Ondimu had on Wednesday complained to the trial Magistrate Francis Andayi that he was being frustrated by the National Cohesion and Integration Commission officers for failing to provide crucial exhibits.
Mr Omirera asked Mr Andayi to adjourn the case so that he can familiarise himself with the details.
He granted the request and said all cases are equal in the face of the law, adding that all cases must be finalized within 60 days.
The case will proceed on November 8 and 9