•However, the Office of the Director of Public Prosecutions, through Alex Gituma, on Friday withdrew the charges against the two.
•Chief Magistrate Mutuku allowed the application by the DPP to withdraw the charges against the Muhuri officials under section 87(a) of the Civil Procedure Code.
Image: BRIAN OTIENO
Two human rights activists are now off-the-hook as charges of creating disturbance were on Friday withdrawn after more than two years in court.
Muslims for Human Rights(Muhuri) officers— director Khelef Khalifa and rapid response officer Francis Auma were battling obstruction and creating disturbance charges at the Mombasa Law Courts.
They were charged after being arrested in February 2021 for protesting a move by the Kenya Ferry Services that forced motorists to pay via Mpesa for ferry services at the Likoni crossing channel.
KFS had in October 2020 partnered with Safaricom and introduced the Mpesa toll payment.
However, Muhuri said the move was discriminatory against non-Safaricom subscribers.
Khalifa and Auma accused the KFS management of violating ferry users' right of choice.
"Why is the KFS forcing people to have Safaricom lines? Are they in business against the other service providers?" Khalifa questioned then, while leading the demonstration that disrupted the ferry operations.
"A public entity cannot force people to use a private entity against their will."
The matter was brought before Mombasa chief magistrate Martha Mutuku.
However, the Office of the Director of Public Prosecutions, through Alex Gituma, on Friday withdrew the charges against the two.
This follows a directive by DPP Noordin Haji that all misdemeanor cases be withdrawn in a bid to remove the backlog of cases and improve the efficiency of the Judicial system.
Chief Magistrate Mutuku allowed the application by the DPP to withdraw the charges against the Muhuri officials under section 87(a) of the Civil Procedure Code.
However, she said the DPP is free to reopen the case against the two in the future should they come across more evidence.
Section 87(a) allows a public prosecutor to withdraw prosecution of any person at any time before judgment is delivered.
Muhuri's lawyer Lumatete Muchai said the law allows the prosecution to withdraw a charge against an accused person but should they get more evidence to sustain the charge, they can arrest and charge the individual afresh.
Mutuku also directed that the cash bail deposited by the two be refunded.
The two were freed on a Sh20,000 cash bail each.
Speaking after the charge withdrawal, Khalifa said they are glad their action helped many Kenyans.
"Had we not protested, all people using the ferry would have been forced to buy Safaricom lines because it was the only service provider for that particular ferry service," Khalifa said.
He noted that the charges were a waste of the court's precious time because, according to him, they were malicious.
Auma said he does not regret his action, adding that if there is anything that will be done in bad faith in the future, he will still protest.
"The good thing is that the Constitution allows us to protest and picket. This is not a victory for Khalifa, Auma or Muhuri. It is a victory for Kenyans," he said.
(Edited by Tabnacha O)