NAIROBI, Kenya, Mar 1 – Kabete MP Ferdinand Waititu has again walked free after a Nairobi court ruled that the prosecution failed to adduce evidence to convict him for inciting residents of Kayole against the Maasai community.
Trial Magistrate Joyce Gandani said that there was no evidence to put the accused on his defence, saying that the criminal charge against Waititu could not stand.
She dismissed the criminal case under section 210 of the criminal procedure code for lack of evidence.
Waititu’s criminal case has been pending in court since 2012, when the Director of Public Prosecutions ordered the arrest of Waititu for alleged incitement and hate speech.
The order by the DPP came after parts of a speech made by Waititu were posted on YouTube.
Waititu is said to have reacted to the killing of a street child, allegedly by a security guard for stealing chicken in Nairobi’s Kayole suburb.
The arraignment of Waititu in court was to prevent a repeat of the deadly violence which followed the 2007 election.
The fiery politician and has been arrested by police before – for protesting against the demolition of shanty houses in his former constituency, but has never been indicted.
DPP Keriako Tobiko while recommending his prosecution said he had incited people to violence and “feelings of hatred and hostility against the Maasai community.”