A Nakuru court has handed Kapseret Member of Parliament Oscar Sudi a reprieve in the case where he is accused of offensive utterances against former First Lady Mama Ngina Kenyatta.
In a ruling delivered on Friday morning, Chief Magistrate Isaac Orenge said the prosecution had failed to establish a prima facie case against the accused person in the defamation case.
“I have considered the evidence of all the witnesses. There were no witnesses who stated what effect the words uttered had on them,” said the Magistrate.
The MP had been charged with hate speech and offensive conduct.
“In a matter where it is alleged that the act was intended to provoke a breach of peace, the prosecution is duty-bound to prove beyond reasonable doubt that the act complained of was likely to make people resort to physical violence,” he ruled.
Sudi was arrested in September 2020 after surrendering to authorities at Langas Police Station in Eldoret, Uasin Gishu County.
The MP was taken into custody after two days of being sought by a contingent of police officers deployed to his home over the remarks he made against the first family.
Sudi had dragged President Uhuru Kenyatta’s mother, Mama Ngina, in his war against the Head of State, uttering unprintable words in a video that went viral on social media.
The legislator was reacting to the arrest of Emurua Dikir MP Johanna Ng’eno who had also lashed out at Uhuru and the first family for ‘humiliating’ his deputy, William Ruto.
“Kenya does not belong to Uhuru Kenyatta, it does not belong to Jomo Kenyatta or to Mama Ngina. Kenya belongs to the people, this is not a country you can rule the way you want, and if you want to shoot us, do it. How many people did your father shoot and Kenya is still standing,” Ng’eno said.
Sudi on his part said:” I’m told Ng’eno is being apprehended by police as we speak, just for mentioning Mama Ngina. We have a lot of pain and bitterness seeing how Ruto is being treated and humiliated by Uhuru Kenyatta. You have disrespected Ruto and the Kalenjin community. Kenya belongs to all Kenyans.”
Sudi was airlifted to Nakuru and detained at Central Police Station before being charged in court. The MP was out on Ksh500,000 cash bail.