Changamwe MP Omar Mwinyi. Photo/kbctv.co.ke
The Director of Public prosecution has been barred from charging Changmwe MP Omar Mwinyi with causing violence and destroying ballot papers.
Chief magistrate Evans Makori deferred Mwinyi’s plea-taking for 14 days. He faces violence, destruction and interference charges.
Makori said the Director of Public Prosecutions should use the time to interpret the Election Act in connection with the offence committed by the MP.
He said the law gives the DPP powers to prosecute cases of presidential, county and general elections, not party primaries.
The ODM MP had told the court the party has launched disciplinary action against him and the DPP should wait for the verdict.
The lawmaker is accused of destroying ballot papers during ODM primaries on Sunday.