Tobiko vows to go after Waititu and Kuria for hate speech charges despite the MPs acquittal

The two MPs were on Monday acquitted of hate speech charges due to lack of evidence.

Kabete MP Ferdinand Waititu and Gatundu South’s Moses Kuria at a Milimani Law Courts last year.

Senior Principal Magistrate Charity Oluoch ruled that the prosecution had failed to provide enough evidence to warrant conviction.

Kuria and Waititu were facing incitement to violence charges and were accused of uttering words tantamount to bringing death to Orange Democratic Movement (ODM) leader Raila Odinga last year at Kasarani during a thanksgiving service for Mr Njogu wa Njoroge.

Incorrect translations

The court also ruled that the English and Kiswahili translations provided as part of the evidence were incorrect.

The translator who interpreted the words from Kikuyu to English, was found to be missing a transcript and certificate that qualifies him as a translator, thus the translation could have been wrong.

Aluoch added that the authenticity of a video clip produced in court was questionable.

In her ruling, the magistrate concluded that the video content of the evidence produced in court could have been altered or edited.

Tobiko reservations

However, the DPP disagreed with ruling and said the video clip that had been used as evidence was obtained from media houses and authenticated by the Communication Authority of Kenya.

“Rulings must be in tandem with technology advancements,” the DPP said.

“The magistrate cannot term doubtful the credibility of the video footage presented in court as evidence.”

Other leaders arrested with them at the time who became to be famously known as the ‘Pangani Six’ were Machakos Senator Johnstone Muthama, Suna East MP Junet Mohamed, Timothy Bosire of Kitutu Masaba, Kimani Ngunjiri of Bahati, and women representatives Aisha Jumwa and Florence Mutua of Kilifi and Busia respectively.

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