Kisii MCA baffled many in court on Monday after making an outrageous demand that President Uhuru Kenyatta should appear in court.
Samuel Apoko, Kiogoro ward MCA told the court that as the law requirement President Uhuru Kenyatta should appear in court to testify as a witness.
“The law states that any other person who wishes to testify must do so after the complainant has issued his testimony,” said Apoko.
“We have no objection to the eyewitnesses giving their accounts but have a problem that the complainant has not availed himself,” the MCA stated through his lawyer Mr Gideon Nyambati.
The request was, however, objected by Mr Tom Imbadi form the office of the Director of Public Prosecution, who said the request will compromise the safety of the president. Imbadi argued that under section 129 of the constitution the President enjoy such priveledges of not appearing in court in person.
“The President must be protected and his views always taken into serious consideration,” Mr Imbadi argued.
On the other hand, Mr Nyambati argued that the President is not prohibited from appearing in court sessions or before the public.
On August 28, 2013, the MCA said that “those close to President Uhuru Kenyatta should advise him to stop smoking bhang.”
His remarks were deemed offensive and contrary to section 132 of the Penal Code which prohibits anyone from undermining the authority of a public officer.
The decision on whether the Head of State will appear in court will be made on October 28, 2016.