The High Court has refused to suspend an order for three politicians to be investigated for spreading hatred through some public utterances that they had made.
High Court Judge Jairus Ngaah has since noted that the case is an urgent one but failed to issue the induction that had been sought by the petitioners.
The petition by Sheria Mtaani is challenging the order of the Director of Public Prosecutions (DPP) Noordin Haji for the Inspector General of Police (IG) to investigate and prosecute Senator Mithika Linturi (Meru), South Kitutu MP Richard Onyonka and Kericho Senator Aaron Cheruiyot for inciting ethnic hatred.
Mr Linturi has already been arraigned in Nakuru court on a charge of incitement while in Eldoret attending deputy president William Ruto's rally.
In the case, lawyer Samuel Chelongo says the issues of hate speech investigation are the responsibility of the National Cohesion and Integration Commission (NCIC) and not the DPP or IG or the Director of Criminal Investigation(DCI).
Judge Ngaah ordered the relevant files to be handed over to the DPP and his co-accused IG, DCI and NCIC within seven days.
The DPP had ordered the three politicians to be investigated and their cases to be taken to court immediately.
Sheria Mtaani states that NCIC Act No. 12 of 2008 empowers the commission to investigate and prosecute anyone who spreads hate speech.
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