The Director of Public Prosecutions Keriako Tobiko has appealed the dismissal of hate speech charges against Machakos Senator Johnson Muthama.
Tobiko on Tuesday faulted the Magistrate’s Court for throwing out the charges against senator Muthama, saying the court has no jurisdiction on Constitutional issues.
The DPP, according to Citizen Digital, said only the High Court and other superior courts have the mandate to make findings on Constitutional matters.
High Court Judge Luka Kimaru ordered the case to be heard inter partes on August 18, 2016.
Chief magistrate Daniel Ogembo in July dismissed the charges, saying it was wrong to have the senator face trial for an offence committed last year.
Muthama was charged alongside seven other legislatures, where he died the charges and was later released on Sh1 million bond, with the alternative of Sh300,000 cash bail.