On February 1, controversial Korogocho MCA Absalom Odhiambo aka “Mobimba” was released from jail.
The court’s denial of the Office of the Director of Public Prosecution’s (ODPP) request to keep the Nairobi County MCA in custody for an additional few days led to the development.
Mobimba was charged with making hateful remarks towards the ruling party at the Azimio demonstration in Kamukunji.
Gilbert Shikwe, the principal magistrate in Milimani, claims that no legal provision was used to support the application.
“I studied the evidence put forth in court. Having examined the High Court’s ruling declaring Section 96A of the Penal Code unconstitutional, I have noted that the prosecution has not filed an appeal of the ruling “He was in charge.
It is an undisputed reality that the applicant who is requesting an order to hold the suspect for seven days has no legal basis for doing so, hence the only choice is to dismiss the case. Shikwe went on to say.
In 2015, the incitement prosecution involving former Machakos Senator Johnson Muthama was dismissed due to section 96A of the penal code being ruled illegal, according to his attorney Apollo Mboya.
He revealed that the judge had been informed that Section 96A of the Penal Code was unconstitutional as a result of a 2015 decision by a three-judge bench against then-Senator Muthama.
According to Section 96(a) of the Penal Code, the burden of proof is with the individual who speaks, writes, or publishes anything that could cause another person, group of people, or community to suffer physical harm or death.
In response to Muthama’s appeal in 2015, the High Court judges ordered Parliament to delete the provision of the Penal Code that dealt with inciting charges.
However, the clause has not been changed, and as a result, hate speech is not a legal infraction.
At the National Cohesion and Integration Commission (NCIC) headquarters, where he had been called due to his inciting remarks, on Monday, January 30, DCI operatives arrested the MCA.
Later, Mobimba would be reported missing by his attorney Apollo Mboya, who claimed that none of the police stations they searched had Mobimba’s record.
