In a case where he was accused of insulting President Uhuru Kenyatta’s mother and former first lady Mama Ngina, a Nakuru court acquitted Kapsaret MP Oscar Sudi.
After Chief Magistrate Isaac Orenge determined that the evidence given was insufficient to prosecute the politician, the legislator was released.
In September 2021, Sudi was charged with two charges of hate speech and offensive behaviour.
“The prosecution presented evidence that the inflammatory statements were spoken in an unknown location and were likely to cause a breach of peace,” he said.
The court declared, “I have studied the evidence of all witnesses, and there were no witnesses who stated what effect the remarks uttered had on them.”
The Magistrate faulted the prosecution for failing to failing to present evidence to show that the alleged hateful message captured at the clip stirred up ethnic hatred.
“In a matter where it is alleged that the act was intended to provoke a breach of peace, the Prosecution is duty bound to prove beyond reasonable doubt that the act complained of was likely to make people resort to physical violence,” the court ruled.
The court also observed that some of the accounts that were used to comment on the said clip they were no verified there was no verification report that was filed by the persecution.