Reprieve For Cherargei As Court Withdraws Arrest Warrant After Apology

Fridah Wangechi | 2 years ago
Nandi Senator Samson Cherargei COURTESY

Nandi Senator Samson Cherargei has been offered a reprieve after Chief Magistrate Wendy Kagendo withdrew the arrest warrant against him for missing a trial in his hate speech case with no explanation.

Cherargei and his lawyer Duncan O’Kubasu had to apologize to the magistrate for skipping the hearing on Tuesday, April 19, and stated that they recognized that they acted in contempt of court, promising that they would observe the rules.

“I undertake to attend court at all times and observe the bail terms,” Cherargei promised the court.

 O’Kubasu on his part expressed his regret in his conduct and promised to adhere to legal ethics in his defence of the senator.

His woes are however not over as he was summoned to appear before High Court Judge Grace Nzioka to apologize for his utterances and conduct.

Further, the two were apologetic to state prosecutor Alexander Muteti over their conduct in their courtroom which the prosecutor stated was demeaning to him. He pardoned O’Kubasu but asked the court to issue orders that will have him observe the law as he undertakes his duties.

“I also urge this court to direct Dr O’Kubasu to notify us when he is proceeding before Justice Nzioka so that we can also be present,” said Muteti.

The Senator was arrested on Thursday, April 21 under unclear circumstances that were later established were his failure to appear in court for his hate speech case where he was charged with ethnic contempt and incitement to violence.

The lawmaker is accused of making inflammatory statements on August 17, 2021, at Kilibwoni Primary School in Nandi County, while addressing a public gathering, by uttering words aimed at stirring up ethnic hatred by the Kalenjin community against other communities.

The case will proceed on May 19 when the prosecution will close its arguments after calling its two last witnesses.

Cherargei is out on cash bail of Ksh300,000.

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