Former Nairobi mayor George Aladwa has requested a court in Nairobi to drop the charges of incitement he is facing, arguing that the charge sheet is defective.
Through his lawyer John Khaminwa, Aladwa argued that the charge sheet bears the police rubber stamp yet they are not allowed to prosecute the case.
However, according to state prosecutor Dancun Ondimu, the charge sheet was properly drafted since Aladwa's sentiments to the effect that "for Raila to be president some people must die" amounted to incitement.
Aladwa through his lawyer's submission to the court refuted the claims, adding that the case could also hurt his political ambitions for the Makadara parliamentary seat in 2017.
The court however failed to dismiss the case with Justice Daniel Ogembo insisting that the accused had filed an application at the High Court which was yet to be acted upon and which therefore meant that the case would proceed to hearing because no injunctions had been issued stopping it.
"The matter should proceed to hearing because there is no compelling reason as to why it should stop," he said.
A hearing date has been set for November 15.