EALA MP ‘incited’ Baringo locals against each other, court told

Investigators have told a Kabarnet court that utterances made by East Africa Legislative Assembly (EALA) member Florence Jematia earlier this year had incited the Baringo community against each other.

Ms Jematia, who is vying for the Baringo woman representative seat under the United Democratic Alliance (UDA) party, appeared for trial before Kabarnet Chief Magistrate Judy Wanjala on Tuesday. She is charged with uttering words with subversive intentions, contrary to Section 77 (1) of the penal code.

Ms Jematia was arrested on February 2 over her remarks during an interdenominational prayer at the Lamaiywe dispensary grounds in Baringo South on January 30. 

She was accused of threatening to arm residents in volatile Baringo areas so that they could protect themselves from armed gangs that were terrorising the region.

Video evidence

Citing insecurity in the area, Ms Jematia was caught in a four-minute, 40-second video clip threatening to start a funds drive to aid the purchase of guns to arm locals.

She said the government had failed to redeploy National Police Reservists to restore order in the troubled areas, amid rising cases of killings and stock theft.

"We cannot continue holding peace meetings over the years without a formidable solution, yet women and children spend their nights in the bushes due to displacement. We have lost more than enough people in the war-torn area and this should be stopped," Ms Jematia said.

Her solution? The community should arm themselves.

"We need a paybill number now to collect funds to purchase guns. If people can afford motorcycles, then they can afford the arms as well. Local leaders should also allocate funds to the same to solve this menace if the government is (reluctant) to hear our cries," she added.

Her remarks followed a spate of attacks in which more than seven people were killed in Baringo North and Baringo South sub-counties in January, with scores of others suffering gunshot injuries.

During the court hearing, prosecutors played the video clip, saying that it had been reviewed by an expert at the Communication Authority of Kenya (CAK).

“The CAK has confirmed to this court that the video had not been tampered with and has been produced in court in its natural form,” State Counsel Joseck Abwajo said.

The investigating officer said he had requested CAK to retrieve and analyse Ms Jematia’s words in the clip, which was posted to the Kenya Digital News’ YouTube channel.

[It] was analysed and reviewed by one Chief Inspector Alexander Mathenge, a computer and forensic examiner at the CAK. It has been downloaded in a computer hard disk and burned in a compact disk and I present the same in court as evidence of the incitement,” the investigating officer said.

Four witnesses have been lined up in the case. Their statements had been recorded at the Mochongoi Police Station by the Baringo South criminal investigation officer.

“The clip was uploaded on an online news channel that attracted more than 9,273 views with 61 likes. Most of the reactions by viewers indicated that the MP was inciting people, while others also stated that they want peace along the porous borders,” the Directorate of Criminal Investigations officer added.

Defense lawyer

But defense lawyer Tunen Kiplagat lamented that the allegations were not investigated and that they did not hold water.

“It is not the first time that security agencies are used by individuals with influence to intimidate candidates and people with different political views from those in power,” Mr Kiplagat said. 

He claimed officers in three vehicles were sent to Nairobi, where Ms Jematia was arrested and taken to the Kabarnet Police Station in a “record three hours”.

“It was a whole drama and at the end of this trial, the court will appreciate that our client was championing peace and not [upsetting] peace,” he stated.

The next hearing is slated for September 7.

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