Meru Senator Mithika Linturi madoadoa remarks case closed judge says police slacked

In her judgment, Nakuru Chief Magistrate Ednah Nyaloti explained that the case could not proceed after the prosecution and the police failed to meet the deadlines given by the court to present evidence.

The judge further directed that a bail amount paid by the Senator should be reimbursed.

“The application by the prosecution to have the miscellaneous application closed and withdrawn is hereby allowed and the court directs that the cash bail be released to the depositor,” judge Nyaloti ruled.

Mithika Linturi reacts to court ruling in 'madoadoa' case

Linturi after the ruling thanked the court and alleged the Directorate of Criminal Investigations (DCI) had been used to settle political scores. He pointed a finger at DCI chief George Kinoti.

“I am very concerned about the wanton misuse of public resources by the office of the DCI in arraigning people in court and wasting judicial time on matters that are not necessary. The resources should have been used to serve Kenyans better,” he said

On January 9, the senator was arrested for utterances made during a United Democratic Alliance (UDA) political rally. He received criticism for using a term whose history is related to politically-incited violence.

"Sisi tunataka kuwa kwa serikali inayokuja lakini nawaambia watu wa Uasin Gishu msicheze na Kenya na kile nawaomba ni kwamba madoadoa yale mliyonayo hapa muweze kuondoa.

"(We want to form the next government and I urge you, people of Uasin Gishu, not to underestimate Kenyans, do your part in removing the spots among you.)" the MP stated.

Madoadoa, a Swahili word meaning 'spots', became a derogatory term after Kenya went through the 2007/2008 post-election violence. The term had been used to incite ethnic communities to turn against members of other communities in metropolitan towns across the country.

Senator Linturi, however, issued an apology saying he had not sought to offend anyone.

Meru Senator Mithika Linturi at the back of a police vehicle after he was arrested in Eldoret Pulse Live Kenya

"At that moment, I was vigorously urging our supporters to offer full support to UDA candidates in this year's election and was oblivious of the possibility that my choice of words might assume negative meaning. It is true that words like 'madoadoa' whilst otherwise innocent and legitimate expressions, have in certain contexts come to be understood as representing inflammatory intent.

"On further reflection, and upon the advice of my colleagues, I regretfully concede that my choice of words was unfortunate. I, therefore, apologise unreservedly for the discomfort they may have created," the politician said in a statement posted on his social media pages.