
The National Super Alliance (NASA) Chief Strategist David Ndii who was arrested at his hotel, Leopard Hotel in Kwale County, driven towards Mombasa and finally ended in DCI in Nairobi. Today he has been charged and alleged with two counts of Incitement.
David Ndii and his legal team is at the Milimani Law Courts. Where the charges and counts will be delivered. I am suspecting that the state will using the Penal Code of CAP 63. Where they will use Article 96 : “Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints or publishes any words, or does any act or thing, indicating or implying that it is or might be desirable to do, or omit to do, any act the doing or omission of which is calculated” (Penal Code – Cap 63). This might be used against him for the resistance message and for the resistance of the state with the newly created People’s Assemblies, which he is running the county. If he is charged with this count in the court, he could face up to five years in prison.
If not as part of the same Penal Code of CAP 63 Article 77: “Subversive activities (1) Any person who does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a subversive intention, or utters any words with a subversive intention, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years” (Penal Code – CAP 63). But by forcing these laws for the public opinion and for creating People’s Assembly is a stretch to say at least. Than, you could question the subversive and incitement of violence created by William Ruto and President Uhuru Kenyatta during the campaign and the rallies after 1st September 2017. They have attacked and thrown rocks at the Courts and NASA. At levels that David Ndii ever has covered or acted upon.
That is why this sort of actions are worrying. Even if they are not sanctioned, but by his actions as a People’s Assembly Committee within the NASA is turned criminal. For standing up for his beliefs and his political place within Kenya. Shouldn’t be criminal. As he was hounded like a drug-lord in Kwale and later transported without knowledge to Nairobi. Later questioned by officers and then taken to Milimani Law Courts. Where several of attorneys and other NASA leaders came to help his case.
After over 24 hours with these charges, this news came:
“DPP Keriako Tobiko has directed DCIKenya that David Ndii be released on police bond. Further, DPP has directed that once investigations are completed, the resultant inquiry file be forwarded to ODPP Kenya for appropriate directions” (ODPP KE, 04.12.2017).
Clearly, this case isn’t over and Kenyatta are using scare tactics and the courts to try to put opposition into submission. He and his comrades are clearly showing their totalitarian traits and their oppressive behavior. If they will ever charge him for the fake memo in the article inside Standard Media Digital on the 1st December 2017. Is hard to say, but that is paper-thin as the man himself is saying it is fake. Therefore, the NASA lawyers and others would have field day in the trial if the Jubilee used the courts to file a case on that matter.
So now they are pending investigations onto the man, who they have wrongfully arrested in the first place. If Ndii would sue the state and he should together with the NASA. To prove how wrong it was and how blatant disregard of the rule of law. It all was. This is totally disrespectful.
Ndii shouldn’t be out on BOND. He should be 100% free, just like all other citizens. But because of political affiliation and leadership role in NASA. He is now an open target by the authorities. It is really a double standard. Peace.





















