Court dismisses cybercrime case against Morara, says charges are defective
Political activist Morara Kebaso, who was injured in a chaotic incident at the Bomas of Kenya, is now a free man after a court quashed a cybercrime charge against him on the grounds that it was flawed.
In discharging Kebaso, Milimani Chief Magistrate Lucas Onyina said the charge was for an offence known to the law but the particular offence didn’t capture the requisite elements of the offence as defined under the Cybercrime Act.
“I find objections raised by the defence lawyers led by Senior Counsel Martha Karua, Njiru Ndegwa, Levi Munyeri and Eugene Wamalwa among others as merited and therefore the charge presented before this court is rejected for being defective. The accused person is accordingly discharged,” Chief Magistrate Onyina ruled.
The decision to discharge Mr Kebaso was made in his absence after his lawyer Pareno Solonka told the court that he was attacked by goons at the Bomas of Kenya during the ongoing public participation on the impeachment motion against Deputy President Rigathi Gachagua.
“The suspect is not present in court after he was attacked and seriously injured by thugs while attending public participation at the Bomas of Kenya. He was whisked away by the police and is currently in a Nairobi hospital with serious injuries,” Mr Solonka told the court.
The lawyer produced medical records and a report from Nairobi Hospital showing that he had been admitted and was receiving treatment.
“The doctors have recommended admission for one day. My view would be that since it’s only a matter of judgment, it can be delivered so that we know the way forward,” the lawyer said.
The prosecution did not object to the verdict being delivered in Mr Kebaso’s absence.
Chief Magistrate Onyina ordered that the Sh50,000 cash bail he had posted be refunded to the depositor.
At the same time, the court adjourned to Monday, October 7, 2024, the ruling on the legality of the offensive behaviour charge against former Kiambu governor Ferdinand Waititu.
This followed the politician’s absence in court as his lawyers led by Wamalwa told the court that Waititu and his lawyer Njiru Ndegwa went missing after chaos erupted in Githurai, Kiambu County where he had gone to attend the ongoing public participation on the impeachment of Mr Gachagua.
“We do not know if Waititu has been abducted or not as he went missing at noon during a violent gathering in Githurai. The last time we spoke to him was at noon,” said Azimio la Umoja One Kenya Coalition principal Eugene Wamalwa, who appeared alongside Mr Waititu’s legal team.
The prosecution, through Duncan Ondimu, objected to the postponement of the ruling to Monday and then applied for a warrant of arrest for Waititu, which was refused.
Chief magistrate Onyina said he would give Waititu the benefit of the doubt.
rmunguti@ke.nationmedia.com
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