Athletics Kenya official acquitted of charges
AK North Rift chairman Abraham Kipyego Mutai (right) and former London Marathon champion Martin Lel celebrate on October 28, 2014 in Eldoret after a ruling by the High Court in Eldoret. PHOTO | JARED NYATAYA |
What you need to know:
- Passing the verdict, Eldoret High Court Judge Lady Justice Grace Ngenye Macharia said it was clear that the trial court’s proceedings were riddled with insufficient evidence that did not meet the threshold as per the law.
- The charge sheet indicated that on January 18, 2013, while at Ndaptabwa Market Centre in Nandi County, Mutai publicly uttered words that could cause violence and acts of lawlessness by claiming that Emgwen CDF chairman Henry Rono participated in the rigging of votes for a URP candidate.
An Athletics Kenya official was Tuesday set free by the High Court in Eldoret following a successful petition he submitted days after he was sentenced to two years of probation by a court in Nandi County.
Athletics Kenya (AK) Central Rift branch chairman, Abraham Kipyego Mutai, was acquitted of two charges of incitement placed against him in January last year.
Passing the verdict, Eldoret High Court Judge Lady Justice Grace Ngenye Macharia said it was clear that the trial court’s proceedings were riddled with insufficient evidence that did not meet the threshold as per the law.
The case was marred by procedural lapses and poor investigations that violated the accused’s right to fair trial, the judge ruled.
Trumped up charges
Macharia said it was clear that the charges was trumped up against the appellant with the aim of settling a score with a witness whom he had a long-standing grudge.
Mutai alias “Solo” had been earlier accused of two related counts of incitement to violence before Kapsabet Senior Resident Magistrate Benjamin Limo where he received the conviction.
The charge sheet indicated that on January 18, 2013, while at Ndaptabwa Market Centre in Nandi County, Mutai publicly uttered words that could cause violence and acts of lawlessness by claiming that Emgwen CDF chairman Henry Rono participated in the rigging of votes for a URP candidate.
SECOND COUNT
In the second count, the accused was further charged that on the same date and venue, he publicly pronounced that Rono had misappropriated Constituency Development Fund cash.
Through his lawyer Timon Lel, the athletics official denied the charges and was released on a cash bail of Sh20,000.
In his appeal, Mutai raised 14 grounds as per the petition dated June 5, 2013, stating that the charge sheet was defective among other complaints. Speaking outside the court after the judgment, Mutai told journalists that he is still the chairman of Athletics Kenya in the Central Rift and that he holds no grudge against those who wanted to see him behind bars.
“I am still the chairman of AK in Central Rift and I hold nothing evil against those who placed false accusations against me,” he said, calling on his colleagues in athletics to come together to develop the sport.
Mutai said they needed to form a strong athletics management team.
