Meza Mwanza
Mombasa Women's Representative Mishi Mboko has been acquitted of promoting ethnic hatred, incitement to violence and disobedience of the law charges.
Mombasa Chief Magistrate Julius Nang’ea on Friday said words uttered by Mboko as cited in the charge sheet did not amount to incitement to violence.
Nang'ea observed that the prosecution had failed to prove a prima facie case against the legislator so that she can be put on her defence. "The prosecution failed to prove its case beyond reasonable doubt before this court because the words used by the accused person were not in any way incitement to violence," the magistrate ruled.
He stated that Mboko did not mention a specific community in her speech but was promoting a revolution of the people, which is not an offence by itself.
"Revolution is not violence by itself and therefore offences preferred against Mboko by the prosecution were not as per the law," he added. The Director of Public Prosecutions, Keriako Tobiko had ordered the prosecution of the MP following the June 1 remarks which had sparked off condemnation from a section of the public who had attended the Madaraka Day celebrations.
Lawyer James Orengo had told the court that the MP had no case to answer as there were no clear charges against her. Mishi who was accompanied by Governor Hassan Joho and her supporters burst into celebration after she was acquitted of the charges.
“As I stand here today, I want to thank everyone who stood with me since the first time I was brought to court until today, especially the leaders of Mombasa. We are happy today because the court has proven to us that there is justice for everyone. Thank you all,” she said.
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