Police want Machakos Senator Johnson Muthama charged with ethnic contempt, an offense that carries a five-year prison sentence.
However, Director of Public Prosecutions (DPP) Keriako Tobiko has ordered further investigations by the National Cohesion and Integration Commission, before deciding whether the lawmaker should be charged.
In a statement to newsrooms, the Director of Public Prosecution, Keriako Tobiko recommended that, Machakos Senator Johnstone Muthama should be interrogated and an action taken to investigate into offensive utterances he allegedly made less than a week ago.
Tobiko acknowledged receiving a file from the Director of the Criminal Inspectorate which was recommending that Muthama should be charged with the offence of Ethnic Contempt Contrary to Section 62(1) of the National Cohesion and Integration Act No. 12 of 2008.
“As the matter falls under the mandate of the National Cohesion and Integration Commission, the DPP has forwarded the inquiry file to the said commission and directed that the suspect be immediately interrogated into the offensive utterances and the resultant inquiry file be forwarded to him for his appropriate action,” read the statement from the office of the DPP.
The remarks by Muthama were allegedly made on June 27th in Busia town during the homecoming ceremony of Women Representative Florence Mutua.
The findings of the NCIC inquiry will then be forwarded to the chief prosecutor.