Machakos Senator Johnstone Muthama yesterday failed to convince the High Court to block his arrest over utterances made at a rally in Uhuru Park two weeks ago.
Muthama filed an urgent application to block the DPP and the police from arresting and charging him.
He pleaded with the court, saying he is apprehensive the police are planning to put him in custody until Monday.
High Court judge Joseph Ongutu rejected his plea at the Milimani law courts.
Instead, the judge certified the case as urgent and directed the application be served immediately to DPP Keriako Tobiko, Interior CS Joseph Nkaissery and the Inspector General of Police Joseph Boinnet.
The case will continue today for further directions.
Muthama, while addressing the Cord rally on September 23, said President Uhuru Kenyatta is protecting Devolution Cabinet Secretary Anne Waiguru.
The rally had been organised to address the plight of the striking teachers, who have since gone back to work.
Under Waiguru’s ministry, the National Youth Service has lost Sh791 million.
The rally, which was broadcast live on TV, caused a storm in the political arena.
Cord MPs told Muthama to stay put while those from Jubilee called for his arrest for allegedly insulting Uhuru and Waiguru. Nkaissery wrote to the National Cohesion and Integration Commission, asking it to investigate Muthama for incitement.
The DPP approved charges against the senator, saying there is enough evidence against him.
Tobiko also recommended that political analyst Mutahi Ngunyi face charges of ethnic contempt over a tweet allegedly demeaning Cord leader Raila Odinga and the Luo community.
Muthama, who was represented by lawyers John Khaminwa, James Orengo, Harun Ndubi and Anthony Oluoch, yesterday said the utterances are within his right as a senator.
Among the orders he is seeking is a declaration that the charge is selective, discriminatory and contrary to the constitution.
