Kiambu Governor William Kabogo is a lucky man after a Nairobi court on Friday dropped a hate speech case in which he had been accused of insulting ODM leader Raila Odinga.
The Governor was taken to court by the Director of Public Prosecutions on allegations that he had propagated ethnic contempt during an event to celebrate secular musician John de Mathew at Thika stadium on November 25, 2015.
During the event, Kabogo was captured saying: "Na nyinyi watu wa magazeti mwambie Raila aache upuzi, aache nini? Sisi hatutaki upuzi. "
Loosely translated to: "The media should ask Raila to put a stop to his stupid actions. we don't like stupid people:.
While referring to circumcision, the Governor added: "We should not waste time with boys or what do you say? I have often told you that the thing is not good because it is not something that you can detach, it retards a person's backward mentality. Are you with me?"
According to the prosecution, Kabogo's utterances had the potential of causing ethnic hatred and violence.
However, Senior principal magistrate Martha Mutuku on Friday acquitted Kabogo stating that the prosecution failed to produce evidence linking him to the alleged incitement to violence.
The magistrate stated that the prosecution only relied on electronic evidence from two television networks in the country, but failed to produce the cameraman who shot the video clips.
The court also found that two prosecution witnesses who were called to testify denied having heard the words alleged to have been uttered by the Governor.
“From statements by the prosecution no indication was shown that a particular community indeed complained over the alleged utterances,” Ms Mutuku ruled.
This will be a major reprieve for the Governor considering one needs to be cleared by the Directorate of Criminal Investigation (DCI) before running or defending a seat.
