Court acquits Mishi Mboko of hate charges

Mombasa Woman Representative Mishi Mboko has been acquitted of incitement to violence and ethnic hatred charges.

Mombasa Chief Magistrate Julius Nang’ea on Friday said the prosecution had failed to prove a prima facie case to put Ms Mboko on her defence.

VIOLENCE

The magistrate noted that there was duplicity in charging the accused with the first count of incitement to violence.

He said the charge was duplex and, therefore, causes prejudice and embarrassment to the accused in planning and preparation of her defence.

The court further said the words cited by the prosecution in the charge do not amount to incitement to violence.

In the second charge, the court noted that the specific targeted ethic communities had not been stated

DVD

“The video recording device was not produced as exhibit and the person who took the video was not called to testify,” said Mr Nang’ea.

Director of Public Prosecution Keriako Tobiko said he intends to appeal against the decision to acquit Ms Mboko, arguing that the court, having admitted the evidence of a DVD and its transcript, had sufficient material to analyse and find the words that were uttered.

Immediately after the ruling, Ms Mboko was seen praying while in the dock. Later, while addressing his supporters, she thanked God for her acquittal.

THE WORDS

Ms Mboko, who was accompanied by Mombasa Governor Hassan Joho and Kilifi Senator Stewart Madzayo, also thanked his legal team led by Senior Counsel James Orengo and Mr Jared Magolo.

Mr Orengo described the charges against the woman representative as “trumped up”.

Ms Mboko allegedly uttered words “Kenyans are going to bring revolution for this country. Enough is enough. We are tired as Kenyans! Revolution is with the people! The sovereignty is with the people! Revolution is with the people! People’s power! People’s power! People’s power!”.

3 WITNESSES

According to the prosecution, the words amounted to incitement to cause a breach of peace and disobedience of the law.

Ms Mboko is also alleged to have uttered words “there are two tribes that think they own this country and we want to tell them chuma cha wanacho (their fate is sealed)”.

The words allegedly intended to incite the feelings of contempt and ethnic hatred.

During the hearing of the case, the prosecution called three witnesses.