Bobasi Member of Parliament innocent Obiri on Thursday filed an application at Kisii Law Courts before Chief magistrate Nathan Shihundu to quash out accounts of incitement and causing disturbance in county 045 quarry which is situated at Nyamonema,Bobasi constituency .
His advocate Katwa Kigen said the application should be certified with agency and allowed for a hearing date on priority of its basis.
In the application ,Kigen read, the MP ,Innocent Obiri can be further tried in court on account of incitement under section 96,penal code ,cap 63 however ,the said section has been declared unconstitutional.
Kigen said the MP cannot be further tried in court in this account for this account depends on the viability of the charges of incitement and this has already been declared unconstitutional.
In 2018, the MP was arrested and charged with incitement to violence contrary to section 96 of the penal code by uttering words which indicated that its desirable to damage or property.
The MP was also accused of threatening breach of peace contrary to section 95 that he entered a quarry thereby creating disturbance.
Kigen argued that the high court has already declared in a judgement as a fact that to charge incitement is unconstitutional in a Nairobi high court petition.
Prosecution asked for more time to go through the petition and to give his side.The petition was pushed for a further hearing on 09/07/2020.
Residents have been protesting against the quarry blasts which they say has affected their health condition, Crops, Animals and even their social Life.
Last week, residents said stones roll from the atmosphere after the blasts which destroy their houses by cracking the iron sheets and even walls.Their stored food has been mixed with concrete and dust a situation they have termed as impunity.
Women said they have in several occasions miscarried pregnancies due to shock and trembles emanating from the quarry.