Court frees Morara Kebaso, says cyber harrasment charges defective

Activist Morara Kebaso was attacked by goons at the Bomas of Kenya during a public participation exercise on deputy president Rigathi Gachagua's impeachment motion. [Collins Oduor, Standard]

Political activist Morara Kebaso is now a free man after a court has quashed the charges of cyber crime against him for being defective.

While discharging Kebaso, Milimani Chief Magistrate Lucas Onyina said that the charge is of an offence known in law but the particulars offence don't capture the requisite elements of offence as defined in the Law.

"I find objections raised and application made by the defense counsel as merited and therefore the charge presented before this court is rejected for being defective. The accused person is accordingly discharged," Magistrate Onyina ruled.

The decision to free Morara was made in his absentia after his lawyer Pareno Solonka informed the court that he was attacked by goons at Bomas of Kenya during the ongoing public participation on the impeachment motion against Deputy President Rigathi Gachagua.

"The suspect is not present in court after he was attacked by goons and badly injured while attending the public participation at Bomas of Kenya. He was whisked away and currently admitted at Nairobi hospital with serious injuries," Solonka told the court.

The advocate produced a document from the hospital showing he had been admitted.

"The doctors have recommended a day's admission. My view would be since it's only a matter of ruling, it be delivered so that we know the way forward," the lawyer said.

The prosecution did not oppose having the ruling delivered in the absence of Morara.

The court however allowed the request by Morara which has finally set him free.

Onyina directed that the Sh50,000 cash bail he deposit be refunded to the depositor.

At the same time, the court has postponed the ruling on the legality of the offensive conduct charge against former Kiambu Governor Ferdinand Waititu to Monday, October 7, 2024.

This was prompted by his absence in court of the politician after his lawyers led by Eugene Wamalwa told the court that Waititu and his lawyer Njiru Ndegwa went missing after chaos erupted at Githurai in Kiambu County where he had gone to participate in the impeachment exercise against Gachagua.

" We do not whether Waititu has been abducted or not since we went missing at noon during a violent gathering at Githurai. We last spoke to him at noon," the Wamalwa said.

The prosecution through Dancun Ondimu opposed the deferral of the ruling to Monday and applied for a warrant of arrest against Waititu which was declined.