By Sefu Sabila
Otieno Ogola and Company Advocates has petitioned the Director of Criminal Investigations (DCI) over MP Farah Maalim sentiments on the Gen Z protesting in the country.
In a statement released on July, Tuesday 9, the advocates said the sentiments by the Dadaab Constituency Member of Parliament was inciting violence against young protesters, who were acting under the constitution, as stated in Article 37 of the 2010 constitution.
They added that the statement has send panic among the young protesters, who fear for their lives, while exercising their constitutional right to peaceful and unarmed demonstrations.
“We wish to draw your attention to a widely-circulates video and audio recording of Mr. Farah Maalim, member of the National Assembly representing Dadaab Constituency, in which Mr. Farah Maalim is heard inciting violence against young Kenyans exercising their constitutional right to demonstrate peacefully, a right enshrined in the article 37 of the constitution of Kenya, 2010. Consequently, young Kenyans are now fearful that their lives may be in danger should they again choose to exercise their constitutional right to peaceful and unarmed demonstrations,” read a part of the statement.
In his local dialect, Maalim had said that if he was the president, he would have killed 5,000 Gen Zs who had invaded Parliament during the protests.
The advocate company said the move is on public interest, and parents of the protesting section, calling for a better country. Thus demanding DCI to take legal action against the MP, and investigating him on criminal activities.
“We act for young Kenyans, in particular the generation referred to as ‘Gen Z’, the parents of these young Kenyans, and in the public interest. We therefore demand that you immediately take appropriate legal action against Mr. Maalim, including but not limited to criminal investigation and prosecution,” they demanded.
In the statement, the lawyers state that the statement by the MP amount to offences state in Penal Code 63, including hate speech section 13 of the National Cohesion and Integration Act of 2008.
” Mr. Maaalim’s utterances constitute the offences of; incitement to violence, contrary to section 96 of the Penal Code Cap 63; threats to kill, contrary to section 213, and hate speech within the meaning of section 13 of the National Cohesion and Integration Act, 2008. Mr. Maalim’s utterances also violate the general Leadership and Integrity Code prescribed in the Leadership and Integrity Act, 2012,” the statement further explained.
However, during an interview with KTN News on Tuesday, July 9, Maalim denied the claims, saying his sentiments were misinterpreted and misquoted.
Maalim is among leaders who harshly criticised the youths taking part on the reject Finance Bill 2024 across the country.
Majority leader Kimani Ichungwah had said the protests are children of wealthy Kenyans arriving stylishly during protests, sentiments further echoed by David Ndii, Kenya Kwanza’s economic advisor.
Mt Kenya Times