Machakos Senator Johnstone Muthama wants the court to drop incitement to violence charges against him.

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Making the application through his lawyer James Orengo, the senator told the court on Monday that the charges against him are defective.

Orengo told Milimani Law Courts chief magistrate Daniel Ogembo that he was charged with similar charges in October, 2015 and a repeat of same would amount to abuse of court process by the prosecution. 

But State prosecutor Leonard Maingi objected to Muthama’s application, saying the current charges are properly drafted. 

Last month, Muthama was charged alongside other lawmakers with incitement to violence. 

He is out on a Sh100,000 cash bail. The magistrate said he will rule on the matter on July 28.