Court acquits Oscar Sudi in hate speech case against Uhuru family

By , K24 Digital
On Fri, 11 Feb, 2022 12:47 | 2 mins read
Kapseret MP Oscar Sudi. PHOTO/Courtesy
Kapseret MP Oscar Sudi. PHOTO/Courtesy

Kapseret MP Oscar Sudi has been acquitted by a Nakuru court over alleged abusive remarks against President Uhuru Kenyatta and his family. 

Principal Magistrate Isaac Orenge in his judgement noted that the prosecution had failed to prove the case against the embattled legislator. 

Sudi had been charged in 2020 with hate speech and offensive conduct which was said to be likely to cause a breach of peace. 

It was alleged that on September 7, 2020, at an unknown location within the Republic of Kenya, he used threatening words likely to stir up ethnic hatred among communities. 

He faced another count of hate speech where he is alleged to have used threatening words on social media at an unknown place and on YouTube likely to stir up ethnic tensions. 

Sudi was further alleged to have demeaned the Head of State by claiming that he was frustrating Deputy president William Ruto despite having helped him to get to power. 

However, in a 10 minute-ruling, Orenge struck out the prosecution’s claims saying there was no evidence that the remarks made by Sudi were hate speech. 

“The prosecution has failed to prove the case beyond reasonable doubt. This court finds that the accused has no case to answer and is hereby acquitted of all charges,” Orenge ruled. 

He added: "There was no evidence by the prosecution that the remarks made by the accused person were in a public place as alleged, the case does not hold water”. 

Orenge noted that the prosecution further failed to prove how the legislator undermined the Head of State and how his remarks would stir ethnic tension in the country. 

The magistrate further directed that Sudi’s cash bail be refunded to him: “Cash bail deposited for this matter be released to the accused person,” he ruled. 

While addressing the press outside the court premises, an elated Sudi blamed his woes on misuse of state power in persecuting politicians saying the judiciary has shown independence. 

Flanked by his lawyer Kipkoech Ng’etich, Sudi said the judgement was a testament that the rule of law still exists in the country. 

“We have gone back to the dark days where people think they own the country. The remarks I made were not wrong and the court has proven that fact,” said Sudi. 

He said Kenyans are equal under the law, saying those in power should not misuse their positions to frustrate civilians. 

“I am surprised that remarks I made had been taken out of context and in Mombasa we saw similar things where Atwoli was abusing people,” he added. 

On his part, lawyer Kipkoech Ng’etich said the court made a sound decision on the matter adding that his client was being politically persecuted. 

He said Sudi was expressing himself and his arrest was unlawful stating that the court has been able to prove that fact. 

“The judiciary has shown its independence and this is a statement that they will not succumb to political pressure to intimidate other Kenyans,” Kipkoech said.