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Raila’s bodyguard, five MCAs charged with assaulting Magerer

Five Members of Nairobi County Assembly (MCAs) and a bodyguard of ODM party leader Raila Odinga were on Tuesday charged with creating disturbance and assaulting former party executive officer Magerer Langat last year.

The court rejected an application by lawyer Harun Ndubi that the charges were defective and ordered County Assembly majority leader Elias Otieno Okumu (Kileleshwa ward), Daniel Oria Odhiambo (Dandora Area IV), George Ochola (Hospital), Catherine Apiyo Okoth (Nominated) Alvin Olando Palapala (Kitsuru) and Benard Kadundo to take plea.

Mr Kadundo is member of Raila Odinga’s security team.

Mr Ndubi had argued that the charges did not disclose an offence.

PROPERLY DRAFTED

But the magistrate ruled that the charge sheet was properly drafted.

“ I find that the charges as they are, meet the requirements set in law. The law provides that a charge sheet be concise,” the magistrate Elizabeth Juma said in her ruling.

She added: “This is not a case for the court to decline to admit the charges. This is not the proper time for the court to shut the case at this stage.

“The accused should take plea and will be given time to defend themselves during the hearing,” she ruled.

A charge sheet presented in court stated that the MCAs created disturbance in manner likely to cause a breach of peace by shouting to Mr Jonathan Kiprono Langat Magerer during ODM’s parliamentary group meeting at Orange House on October 30 2014.

A second count stated that they jointly assaulted Mr Langat causing him actual bodily harm.

According to Mr Ndubi, the charges are not in public interest because, he claimed, Orange house is not a public place and indicated that he would appeal the ruling.

The magistrate said that the law does not permit causing disturbance in private places.

DISRESPECTFUL TO RAILA

The MCAs denied committing the offences and were released on Sh10, 000 each. The case will be heard on May 21.

Mr Magerer was ejected from Orange house by MCAs who claimed he was disrespectful to the party leader Raila Odinga.

He has since moved to the high court seeking damages over his assault during the party meeting last year.

In the case, he argues that both the Inspector-General and the DPP had seriously violated his rights through their failure to take up the matter.

High Court judge Weldon Korir schedule the matter to be heard on February 20.