Mtikila cleared of sedition charges

BY WARYOBA YANKAMI

For the accused to be convicted of sedition there must be evidence of resultant disorder caused by the publication of the said material, the Kisutu Resident Magistrate’s court hearing the charges against Reverend Christopher Mtikila ruled yesterday (25/09/2012).

It proceeded to clear him of the criminal charges raised against him after he allegedly used derogatory language in reference to the president.

The court said the charges in the seditious case titled “Kikwete to destroy Christianity if Christians will not unite to put a Christian in State House” had not been proved.

Reading the Judgment, the Kisutu Senior Resident Magistrate, Ilvin Mugeta said that the newspaper Act of 1976 did not define what sedition is, but he quoted section 31 of the Act which provides the ruling on seditious intention.

For a word spoken or document published, to be held as a seditious Act, the spoken word or publication must consequently lead to depraved action, the judge explained.

Mugeta added that, the mere publication without subsequently and directly resulting in hatred, contempt, excitation of disaffection, attempt to procure alteration of any matter by unlawful means or to raise discontent and promoting feelings of ill will, then the word or publication does not amount to sedition.

“…the charges in all counts do not state which seditious intention was the publication intended to achieve…” the judge clarified then added that the charges had to contain clear intent and motive.

He said the document of the accused did not promote feelings of ill will and hostility between Christians and Muslims nor did the document bring about hatred, contempt or even excite disaffection against the lawful authority.

Further, there is no record of any Christian religious sect having ever attempted to hoist the president from office and neither did the publication imply or call for the president’s removal by unlawful means or any attempts towards that end made but rather and within the confines of the nation’s constitution, the document was full of lamentations about his dissatisfactions on the country’s governance.

Mtikila in his evidences said that “if the church is not indifferent in the face of the major objectives of mankind, it is required to show proof of it in practice and achievements…”.

After the court session, the vividly jovial reverend expressed his displeasure over the case’s procedure and supposed break of protocol citing that the allegations of sedition occurred in 2010 and by law, he ought to have been prosecuted within six months as the sedition section of the newspaper Act directs not two years later as he purports to be the case.

The church leader has faced 43 other criminal cases and has won all but one.

SOURCE: THE GUARDIAN (26/09/2012): http://www.ippmedia.com/frontend/index.php?l=46226