The incitement charge facing Bobasi Member of Parliament Innocent Obiri has been quashed. He was arrested and accused of incitement and breach of peace at Nyamonema in Bobasi Constituency, a private quarry owned by County 045 Company.
The MP had allegedly stormed the quarry to protest against blasting at the site. He claimed it was causing cracks to houses and schools around the area.
After days of hunting in May 2018, the Police arrested him outside Hilton Hotel in Nairobi. He was charged of incitement and breach of peace in a Kisii court which he denied and was released on cash bail of Sh100,000 or a bond of Sh 200,000.
On 18th June 2020 his defense Lawyer Counsel Katwa Kigen filed an application at Kisii Law Courts before Chief magistrate Nathan Shihundu to quash out accounts of incitement.
Kigen argued that Obiri can be further tried in court on account of incitement under section 96 of the penal code, cap 63 however ,the said section had been declared unconstitutional by the High Court in Nairobi.
On 9th July 2020, the Kisii Law court Chief Magistrate Nathan Lutha quashed the account on terms of not being constitutional under section 94(1)b, Citing the Court of Appeal ruling which rendered the charge unconstitutional.
Both parties had a consensual agreement to have the charge dropped before the chief Magistrate. This means the Legislator has been left to battle only one count which is breach of peace.
Kigen further has tabled an application to quash bridge of peace account on grounds that the said quarry is a private entity not a public property and no member of the public whose property was affected and this charge should not be pressed against the MP. The case was moved to 30/7/2020 for the ruling of breach of peace account.