Former Nairobi Mayor George Aladwa has failed in his bid to terminate the incitement to violence case against him.
The court dismissed Mr Aladwa’s claims that the charge sheet is defective and allowed the prosecution to proceed with the case.
Mr Aladwa had asked immediate former Milimani law courts chief magistrate Daniel Ogembo to quash his trial over allegations he incited the public to cause chaos incase Cord leader Raila Odinga loses the August elections.
The Nairobi Branch Orange Democratic Movement chairman had urged Mr Ogembo, who has since been promoted to a Judge of the High Court to declare the charge sheet defective.
New Chief Magistrate Francis Andayi who delivered the ruling on behalf of Justice Ogembo ruled that the charge sheet is proper as it meets all the legal requirements.
Mr Aladwa had opposed his trial saying the charge sheet emanated from the National Police Service instead of being authored by the Director of Public Prosecutions, who is mandated by the Constitution to undertake all prosecutions.
The politician claimed that the charge is defective as the charge sheet had not been translated into English from Swahili and a certificate drawn.
The magistrate said in the ruling that Kenya has two official languages, Kiswahili and English, and that the police has not committed any wrong by quoting the statement he made while addressing a rally at Kibera.
The magistrate directed the case be heard from May 23.