Political activist Morara Kebaso is now a free man after a Milimani court quashed cybercrime charges against him, terming them defective.
Milimani Chief Magistrate Lucas Onyina declared Friday that while the charge itself was valid, the specifics did not capture the requisite elements of offence as defined in the law.
“The objection raised by the defense is merited. The charge before this court is defective. The accused is accordingly discharged,” Onyina ruled.
The ruling was delivered in Morara’s absentia after his lawyer, Pareno Solonka, revealed that he had been viciously attacked by hired goons at the Bomas of Kenya.
Morara had been attending a heated public participation session on the impeachment motion against Deputy President Rigathi Gachagua when the assault occurred.
The activist was whisked away and rushed to Nairobi Hospital, where he is receiving treatment for serious injuries.
Solonka provided a medical report confirming Kebaso’s hospitalization.
Despite his absence, the court proceeded with the much-anticipated ruling.
With no objection from the prosecution, the court discharged Kebaso and ordered that his Sh50,000 cash bail be refunded.
“The suspect is not present in court after he was attack 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.
Morara had been arrested and detained before being presented in court over the claims.
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