The Director of Public Prosecution has closed the incitement to violence case against Gatundu South member of Parliament Moses Kuria.
State prosecutor Kajuju Kirimi wound up the case at a Milimani court on Tuesday, the last prosecution witness being cyber-crime expert Chief Inspector Alexander Mathenge Tiha.
Mr Tiha, who was seconded to the Communication Authority by the Directorate of Criminal Investigations, told the court that his report on an alleged video recording of the crime was "quite different" from what he was asked to do by the DCI.
The inspector narrated how he received instructions from the DCI to view a recording of Mr Kuria and former Machakos Senator Johnston Muthama as they were being investigated for incitement.
Mr Tiha said the WhatsApp recording was of utterances alleged to have been directed at Orange Democratic Movement leader Raila Odinga and his wife Ida.
It was recorded after Chief Justice David Maraga announced the Supreme Court's decision to nullify results of the August 8, 2017 presidential election, that President Uhuru Kenyatta won.
The witness told Chief Magistrate Francis Andayi that he downloaded the video, viewed it and then gave his report to the DCI.
In the clip played in court, Mr Kuria was quoted as urging the people to vote against Mr Odinga.
Mr Tiha said he filed his report based on his recording but that it did not capture the 16 offensive words that Mr Kuria was accused of uttering against Mr Odinga.
The magistrate asked him, “As has been put to you by defence lawyer Francis Munyororo, [did you go] beyond the scope of the instructions given to you by the DCI to make a case against Kuria that was not there?"
He answered, “That’s true. My report does not rhyme with the words contained in the charge sheet."
It was alleged in the charge sheet that Mr Kuria called for a manhunt of 70,000 people who voted for Mr Odinga.
The lawmaker allegedly committed the offence on September 11, 2017 at Wangige in Kikuyu sub-county, Kiambu.
Mr Tiha said he did not know the person who video-taped Mr Kuria and where this took place since the Jubilee Party lawmaker denied addressing a rally at Wangige.
Following the DPP's decision, Mr Kuria will submit a no-case-to-answer motion on June 27.
His lawyer Mr Wamunyororo said he will ask the court to acquit him for lack of evidence to put him on defence.
Ms Kirimi said she will rely on the evidence presented.