A Mombasa court has terminated a case in which Nominated Senator Emma Mbura had sued human rights activists Kalinga Mgandi for defamation over claims that they had a secret love affair.
Mombasa Principal magistrate Francis Kyambia terminated the matter under section 87(a) of the criminal procedural code (CPC), after state prosecutor Sarah Ogweno said the office of the Director of Public Prosecutions (DPP) was not ready to proceed with the hearing of the matter to conclusion.
“The accused person is hereby set at liberty under section 87(a) of the constitution,” said Kyambia.
Ogweno informed the court that the DPP Keriako Tobiko in his letter dated February 21 this year had directed that all criminal cases that were pending before court where the accused persons were facing charges under section 194 of the penal code be withdrawn under section 87(a) of the CPC.
“Following the DPP letter, we have not bonded any witness to testify in the matter and we are therefore informing the parties in the matter that the matter has been withdrawn,” said Ogweno.
Ogweno further informed the court that following a ruling made by Justice Mativo on February 6, 2016 where he declared section 194 of the penal code unconstitutional, there was no basis of continuing with a charge that had been filed under defective charges.
