Court acquits governor’s cousin accused of insulting Senator Gitura
07 June 2016, 16:40
Nairobi - Murang’a Governor Mwangi wa Iria’s cousin, James Mwangi who allegedly sent abusive messages to Senator Kembi Gitura has been acquitted by court.
Mwangi was facing three charges of using a mobile phone to send abusive and threatening messages to Gitura on January 5, this year.
The first count indicated that he misused telecommunication systems namely Safaricom by sending abusive and threatening messages to Gitura on his mobile phone.
The court heard that Mwangi, told the Senate Deputy Speaker that, “I believe you are crossing the political red line and we shall deal with you....”
The second count indicated that: “You messed Kiharu and we will not let you destroy it”.
The third count read that: “Governor Mwangi wa Iria is not accountable to you. I thought you are a smart lawyer which legal students of our times should emulate”.
However, the case proceeding had been adjourned last month as the prosecution sought more time to consult on Section 29 of Kenya Information and Communications Act, on which the charge was based.
This was occasioned by a ruling by Nairobi High Court on April, which declared the section, which creates the offence of “misuse of a licensed telecommunication device” unlawful.
Justice Mumbi Ngugi said it leaves too much to the interpretation of the trial court and is not specific enough to guard against the unjust prosecution of citizens.
The case was therefore terminated after the prosecution’s reference to the ruling
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