Wednesday, February 1, 2023 –Rubble rowsing Korogocho Member of County Assembly MCA Absalom Odhiambo aka Mobimba has been freed.
The court sitting in Nairiobi rejected an application from the prosecution side to keep the rowdy MCA, Absalom Odhiambo, in custody for more days.
Odhiambo was dragged to court after he uttered incitement remarks during the recent Azimio la Umoja rally held at Kamukunji Grounds.
Principal Magistrate presiding over the case filed at Milimani Court, noted that the case was not based on any legal provision.
“I have looked at the case presented in court. Looked at the High Court decision making section 96A of the penal code unconstitutional and I have noted that the decision has not been challenged by the prosecution,” the magistrate ruled on Wednesday February 1.
He went ahead to detail why the applicants seeking for the further detention of the accused lacked legal standing, either way.
“It is a nonchallenged fact that the applicant seeking orders to detain the suspect for seven days has no legal leg to stand and the only option is to dismiss.” Judge Shikwe added.
The accused’s lawyer, Apollo Mboya, said the case was dropped based on Section 96A of the Penal Code 2015.
In 2015, Mr. Muthama challenged the constitutionality of incitement charges as provided for in the section of the Penal Code where the High Court judges directed Parliament to repeal the section.
The section, however, remains unamended thus hate speech offense is still not recognised locally.
