MOMBASA: Drama unfolded Tuesday outside the Mombasa court after angry youths confronted five Members of parliament from Central region accusing them of aiding the release of controversial blogger Anthony Njoroge Mburu charged for defaming Kiambu Governor William Kabogo.
A Mombasa court dismissed charges against Mburu and set him free saying the police lacked evidence to charge him of any wrong doing.
The prosecution also admitted that there was no evidence that can led to a conviction of the blogger and sort to withdraw the charges.
The legislators from Kiambu, Ferdinand Waititu, Alice Nganga, Kimani Ichung'wa, Paul Koinange and Jude Njomo attended the proceedings in support of the blogger. The move angered youths, alleged supporters of Kabogo.
The leaders accused the governor of using youths to silence criticism and young politicians aspiring to contest for political seats in the county.
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"The boy is a whistle blower of people who were importing low quality eggs and destroying poultry market in Kiambu and he should not be victimized. We will take all measures possible to stop that (import of eggs)," said Waititu.
He said that "we know who is hiring hooligans to come to court to intimidate us" but justice for the people of Kiambu will prevail.
The youths donning t-shirts with the message "responsible blogging" confronted the legislators and stopped them from addressing the the press.
Mombasa Senior Principal Magistrate Nicholus Njagi dismissed all the three charges leveled against the blogger who was arrested on January 8 and has been in custody at Shimo La Tewa Prisons.
Mburu allegedly posted the defamatory messages on his face book page claiming that Kabogo had imported substandard eggs.
He was also accused of posting that Kabogo had bought a 1000-acre parcel of land in Kwale. He claimed that the governor had established a Sea Cross Farm at the said land as a cover-up to import cheap and low-quality eggs into the country.
According to the charge sheet, Mburu allegedly further posted alleged supplies eggs had caused the death of poultry farming in Kiambu. Mburu however denied all the charges.
Speaking after his release, elated Mburu vowed to continue exposing what he termed as rot in Kiambu County.
"I am not shaken. And am ready to continue with my work. No amount of intimidation will stop me from doing my job. I am willing to pay any sacrifice to achieve a free and liberal society" Mburu.
Ms Nganga said they came to give the blogger moral support and ensure that justice prevailed claiming that "Kabogo is intimidating youths and politicians who are opposed to his ideas".
"We have won the battle against against the Governor's dictatorship and we thank the DPP for seeing sense about the blogger's predicament," said Njomo
Njomo said it was wrong for Mburu to have been tried at a different court jurisdiction from Kiambu to Mombasa Law courts as if there were no courts in Kiambu.
Paul Koinange said what had happened Mburu was a clear indication that if security matters were devolved at the county level a lot of people suffer.
"What has happened to Mburu is that if the secutity is devolved a lot of people will disappear never to be seen" Koinange.
The four MPs sensing danger were sneaked out of the court premises by a police woman who offered them her car as the hostile crowd in front of the court waited for them.
Waitutu was also forced to sneak out of the court's basement using grey range rover number KBR 966A in fear of being attacked by the youths who shouted at them as they sped off to Nyali Beach Hotel.
Njagi while releasing Mburu said since the prosecution had admitted there is no evidence to sustain the case he had no alternative but acquit the accused.
"Since the prosecution has applied to withdraw the charges against the accused the court has no alternative but to discharge him" said the magistrate.
The magistrate said the accused has been released to allow the prosecution to gather evidence against and either charge him with the offence or forget about.
Lawyer representing Mburu Mr. Adala said the prosecution should have not charged his client with the charges which were unconstitutional and then come around and say they want to investigate the accused after being released.
Assistant Director of Public Prosecutor Alexander Muteti admitted that after going through the police file which was brought to his attention on Thursday he found that there was no evidence to sustain the charges and that was why he want Mburu released under section 87.
Adalla accused the prosecution of transporting the accused from Kiambu to Mombasa and wondered why Mburu was not charged in his home area.
But Muteti said there was nothing wrong with the accused being brought to Mombasa because it is where the crime was committed.
