An incitement case against Uasin Gishu Senator Isaac Melly was yesterday adjourned after representatives of University of Eldoret, which is the complainant, failed to appear in court.
Senator Melly is charged with incitement to violence and malicious destruction of property alongside student leader Wesley Kogo and politician Jonathan Bii, however, they have pleaded not guilty.
The three who are out on a Sh100,000 bond had denied charges that they led rioters who caused serious damage to the university’s administration block during the protests on February 12, 2015.
The rioters were demanding the removal of the university’s vice-chancellor, Prof Teresia Akenga, over claims of tribalism and nepotism which had crippled the university operations.
Appearing before Principal magistrate Joe Omido, the three through their lawyer Ochang Ajigo told the court that they had agreed on an out of court settlement with the university saying that the university was to withdraw the matter.
According to lawyer Ochang, his clients had agreed to foot the bills of the destruction and wanted the court to adopt a consent they had reached with the university to facilitate a withdrawal of the case.
“We had agreed to settle the matter out of court and my clients are willing to foot the bills for the whole destruction, we urge the court to adopt the consent of the deal between the both parties,” Said Ochang.
His application was however objected by the prosecution side who told the court that they had no information for withdrawal and if the matter was to be struck out both parties had to be present in court.
“The application is of no basis you cannot force the court to adopt a consent yet the other party is not present in court, it will be unfair and unconstitutional, Said state counsel Sandra Kosgey.
Principal magistrate Joe Omido in his ruling concurred with the prosecution noting that the case cannot be withdrawn without both parties being present in court.