The Office of the Director of Public Prosecution (DPP) announced on Saturday (18/03/17) it intends to appeal against the decision to acquit Mombasa Woman representative Mishi Mboko of hate speech charges.
Senior Assistant DPP Alexander Muteti stated that the court had sufficient material to analyse and find incendiary remarks from Mboko’s DVD.
“The court misinterpreted the law on ethnic hatred….whereas there was evidence from a person in the meeting as to which communities the words were directed at,” Mr Muteti remarked.
A Mombasa court acquitted Mboko of the hate speech charges on Friday (17/03/17).
Chief magistrate Julius Nangea stated that the prosecution had not proved its case beyond reasonable doubt.
“The words used by the accused person were not in any way incitement to violence; the prosecution failed to make a prima facie case against the accused,” Mr Nangea noted.
The magistrate further indicated that Mboko did not mention a specific community in her address but was promoting a revolution of the people which is not an offense.
“Revolution is not a violence,” he ruled.
“The video recording device was not produced as exhibit and the person who took the video was not called to testify,” Nang’ea added.
Speaking after her acquittal, the vocal Mboko and Mombasa Governor Ali Hassan Joho accused the government of initiating the charges for political reasons.
She also thanked her legal team led by Senior Counsel James Orengo and Mr Jared Magolo.
Mboko was accused of promoting ethnic hatred and incitement to violence in 2014.
Mboko said, “Kenyans are going to bring a revolution to this country. Enough is enough, we are tired. The revolution is with the people and sovereignty is with the people. The revolution is with the people. People power! People power!”
In February, Members of Parliament (MPs) Moses Kuria and Ferdinand Waititu were also acquitted of incitement to violence charges.
Senior Principal Magistrate Charity Aluoch ruled that video evidence produced by the prosecution incriminating the two Jubilee legislators was not authentic to warrant their conviction.