Gatundu South MP Moses Kuria was yesterday acquitted of hate speech and incitement to violence charges.
Chief magistrate Francis Andayi said that the prosecution did not adduce enough evidence against the legislator to establish the case.
He added that state evidential video clip used as an exhibit was sourced from social media and there was no evidence it was used in the mainstream media.
The magistrate dismissed the video evidence saying its authenticity had not been proven.
In the prosecution video evidence, the MP is alleged to have complained about 200,000 registered voters who did not cast their vote and the 70,000 who voted for Raila.
“The charges pressed against the lawmaker do not meet the threshold of section 96(a) of the penal code which requires that such statement should bring death or physical injury to any person or to any class, community or body of persons; or to lead to the damage or destruction of any property,” Andayi said.
Kuria was accused of uttering remarks against Raila Odinga and his wife Ida Odinga during a political rally at Wangige in Kiambu on September 11, 2017.
He denied the accusations.
Earlier, on September 5, Kuria had also allegedly used abusive words that were intended to cause physical injury to a person.
According to the magistrate, a letter by the DCI’s Serious Crimes Unit to the Communication Authority also indicated Kuria had called for a manhunt of 70,000 people in the county who voted for Raila.
In his defence, the lawmaker argued that the video clip presented by a chief inspector did not show him making any statements about the voters.
The video appears to show Kuria questioning some youths about whether they would allow someone to deny them their share of meat.
The court directed that the Sh300,000 cash bail deposited by Kuria be refunded to him.
(edited by O. Owino)
