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Kibor in court on alleged
incitement
February 27, 2008
EA STANDARD
By Beatrice Obwocha and Karanja Njoroge
Eldoret politician, Mr Jackson Kibor, has been charged before a
Nakuru court with incitement to violence.
Kibor, who has been in custody for a week, will spend two more
nights to wait for a ruling on Thursday his application to be
released on bond. On Tuesday, Kibor denied the charge when he
appeared before Chief Magistrate Gilbert Mutembei.
The politician was brought to court in a police Land Rover at
3.45pm and charged at 4.30pm. He denied inciting members of the
one community against another.
The charges stated that on February 3, in Uasin Gishu District, he
incited members of the Kalenjin community by uttering words in
Nandi language that were calculated to bring death or physical
injury to the Kikuyu community.
Lawyers Mr Gordon Ogola, Mr Katwa Kigen and Mr Robert Limo
represented Kibor.
The prosecution, led by police superintendent, Mr Stephen Chacha,
objected to Kibor’s release on bond.
He said the police were likely to charge him with murder. He
produced an affidavit by the investigating officer, SSP Hamisi
Mwarua, and said due to the political situation the police feared
that the accused could start clashes if released.
"The accused could also interfere with investigation if released,"
he said.
Kibor’s lawyers urged the court to dismiss the allegations, saying
they lacked basis in fact and law. Kigen said police had not
stated whether Kibor would abscond or cause further clashes if
granted bond.
He said Kibor was arrested on February 20 after he presented
himself to Eldoret Police Station.
"The police visited his home on February 18, but he was not there.
On learning that they were looking for him, he presented himself,"
he said.
Kigen said the offence was bailable and that it was against the
law for the police to prefer ‘holding charges’ to an accused as
they investigated a more serious one.
The lawyer said police had also violated the law by holding their
client in custody for more than 24 hours without charging him.
"This is a violation of his constitutional right and the law
states that he should be acquitted," he said.
Kigen said Kibor was diabetic and had bronchitis, needing special
diet.
He said Kibor’s family were camping in Nakuru to attend to his
medical needs and take him special diet that was not available at
the police station.
Limo said the charges against the accused were framed. He said the
charge sheet was defective as it did not state where the alleged
words were uttered.
The magistrate will make a ruling on Thursday and directed that
the accused be remanded at the Nakuru Central Police Station.
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