A Nakuru court has freed Meru Senator Mithika Linturi after the prosecution failed to conclude the investigations into the ‘madoadoa’ remarks on time.
The senator will thus not take a plea as the prosecution failed to prefer charges against him within the allocated time.
Linturi was arrested in January following the remarks made in Eldoret, Uasin Gishu county. The remarks were uttered at Eldoret Sports Club during Deputy President William Ruto rally in the region which were described by some as inflammatory.
The slur is linked to the 2007/08 post-election violence that left more than 1,100 people dead and 600,000 others displaced.
Linturi was arrested by detectives attached to the National Cohesion and Integration Commission (NCIC) who have been camping at EKA Hotel, Rupa’s Mall, Eldoret since 2 am.
The arrest comes hours after the Director of Public Prosecutions (DPP) Noordin Haji directed the Inspector General of Police Hillary Mutyambai to investigate the matter.
The DPP stated that the utterances could incite contempt, hatred, hostility, violence or discrimination.
“Pursuant to Article 157 (4) of the Constitution, I hereby direct that you immediately institute comprehensive investigations into the said allegation and submit the resultant investigations file on or before 14th January, 2022,” Haji said.
NCIC also summoned Linturi to appear before the Commission on Wednesday over the remarks…” NCIC said in a letter to the legislator.
He was however freed on Sh2 million cash bail or an alternative bond of Sh5 million with a surety of a similar amount.
Following uproar from netizens, the Senator was forced to issue a public apology saying he uttered the words innocently without any sinister motive.
He claimed his speech was taken out of context adding that he was referring to politicians in the area who continue to oppose Ruto’s United Democratic Alliance (UDA) party.
“It is true that words like ‘madoadoa’, whilst otherwise innocent and legitimate expressions, have in certain contexts come to be understood as representing inflammatory intent. This context did not occur to me while I was speaking,” Linturi said in a statement.