Hezron Okiki before court on November 20, 2020. [Daniel Chege, Standard]

A Nakuru court has acquitted a businessman who contested a parliamentary seat in 2017 over charges of creating disturbance in a manner likely to cause breach of peace.

On Friday, Principal Magistrate Faith Munyi acquitted Hezron Okiki of charges of abusing Nakuru West MP Samuel Arama.

Prosecutor Jacinta Kibiriu wanted the case withdrawn under Section 87 (a) of the Criminal Procedure Code (CPC).

The section would allow the police to re-arrest Okiki and charge him afresh with the same charges.

“We got instructions from regional in charge as directed from Nairobi that the case be withdrawn,” Kibiriu said.

She added that even though the section gives a window for re-arrest, the prosecution had no intention of re-arresting the accused. But Munyi noted that if she withdrew the case under the section, it would leave a window that would allow the police to re-arrest Okiki. 

“I decline to withdraw the case under section 87 (a). The case is hereby dismissed under Section 210 of the CPC,” she ruled.