A court has on July 28 dismissed hate speech charges against Machakos Senator Johnson Muthama, saying the case is an abuse of the court process.
Senator Muthama had been arrested and detained alongside five other lawmakers before being charged with the offense of incitement to violence where he pleaded not guilty and was released on a cash bail of Ksh 100,000.
Chief Magistrate Daniel Ogembo said it was wrong to subject the senator to a trial for an offence committed last year while his co-accused are being charged with utterances made this year.
“In October 2015, Muthama was charged in a Nairobi Court over utterances he had made at Uhuru Park in a similar charge, why did it take them long to charge him?” His lawyer Orengo had submitted.
The Machakos senator was charged alongside his Cord colleagues Junet Mohamed (Suna East) and Timothy Bosire (Kitutu Masaba), and Jubilee lawmakers Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete) and Kimani Ngunjiri (Bahati).
In his argument, Muthama had argued that the charges amount to abuse of court process adding that he was charged with similar charges in October 2015 and, therefore, the charges should be quashed.
He is the first of the ‘hate speech 8’ to be vindicated by the courts.
Source: Nation / Citizen Tv