- Nakuru Chief Magistrate, Edna Nyaloti observed that this being an election year, hate speech cases against politicians must be fast-tracked.
- The MP, William Kamket said he would sue the State for compensation for harassment and suffering over the suit period.
Image: LOISE MACHARIA
Tiaty MP, William Kamket who had been charged with incitement of violence in parts of Laikipia and Baringo counties was on Monday acquitted by the Chief Magistrates Court in Nakuru
Chief Magistrate, Edna Nyaloti said the prosecution had not proved a Prema Face case against the MP even after the matter dragged on for close to a year.
She observed that the prosecution failed to produce witnesses in the matter adding that she could not continue deferring the matter.
The MP was arrested following a spate of murders, cattle rustling and massive destruction of properties including schools in Laikipia in September last year and was charged with incitement to Violence in Laikipia which had claimed lives and loss of property.
He was charged that on July 16 at Amaya area of Tiaty in Baringo during a meeting, he uttered words which were calculated to promote feelings of hatred between various communities in the Ol-moran area.
Kamket who has been out on Sh500,000 bond after spending several nights in police custody and was also admitted at the Rift Valley Provincial General Hospital Annex during the period.
Nyaloti on Monday observed that this being an election year, hate speech cases against politicians must be fast-tracked.
She dismissed an application by the prosecution to withdraw the case under section 58 of the Criminal Procedure Code which allows re-arresting suspects.
"The court cannot dismiss the case under this section because the complainant is the State and is represented by the prosecutor who is present," she said.
She noted that the prosecution witnesses were known and the State ought to have put in place mechanisms to ensure that they are placed under the witness protection program.
"The prosecution failed to demonstrate which public interest will be served in withdrawing the case under section 57 of the Criminal Procedure Code," added Nyaloti.
Kamket's lawyer, Bernard Ng'etich said his client was acquitted in accordance with section 202 of the penal code which bars any subsequent information or complaint about the same matters against the accused person.
“After nine months the Director of Public Prosecution and the police service have not presented witnesses in court to confirm that my client’s statement contributed to the chaos in Laikipia,” he said.
Ng’etich said the ruling was a win for the constitution because the Chief Magistrate referred to section 157 of the constitution on how the prosecution is supposed to conduct its business.
The magistrate was categorical that the Prosecution and Police departments will not use courts without evidence with the aim of releasing and re-arresting them when they are ready,” he said.
Ng’etich said he would file a petition against the State for harassing his client.
“I have instructions to demand Sh100 Million compensation for the sufferings subjected to Kamket for close to a year since his arrest, at one time he was hospitalised,” he said.
Ng'etich narrated how Kamket was ferried from Baringo in the police vehicle and held at Kaptembwa Police Station during which he suffered psychological and physical distress.