Top Jubilee operatives have suffered a big blow following Mombasa court’s ruling in favour of Governor Joho close ally Hon Mishi Mboko. The court thrashed fake hate speech charges against the opposition legislator.
Hon Mishi Mboko was this morning acquitted of promoting ethnic hatred and incitement to violence.
Chief magistrate Julius Nangea said the prosecution had not proved its case beyond reasonable doubt.
“The words used by the accused person were not in any way incitement to violence; the prosecution failed to make a prima facie case against the accused,” Nangea said.
He also found that Mboko did not mention a specific community in her speech but was promoting a revolution of the people, which is not an offense.
“Revolution is not a violence,” he added.
He said the offenses preferred against Mboko by the prosecution were not as per the law.
Hon Mboko appeared before a Mombasa court in 2014 to answer to charges of incitement to violence, and disobeying the law.
This concerned remarks she allegedly issued in the county on June 1 that year.
“Kenyans are going to bring a revolution to this country. Enough is enough, we are tired. The revolution is with the people and sovereignty is with the people. The revolution is with the people. People power! People power!” she had said.
Mboko denied the charges.
In the last hearing, Mboko urged the court to end her incitement case, citing lack of evidence.
Through her lawyer James Orengo, Mboko said she has no case to answer as there are no clear charges against her.
On Friday, he asked the magistrate to get the “clear meaning” of the charge and render it defective.
