An Eldoret court has acquitted 7 Moi University students charged with circulating hate leaflets before the the General elections held on August 9.
Chief Magistrate Dennis Mikoyan indicated that the other three have a case to answer.
“Having heard evidence produced in courtroom by the prosecution, I find that the prosecution has failed to establish a case in opposition to the seven students. I consequently acquit them under area 210 of Criminal Procedure Code (CBC),” ruled the magistrate.
But the chief magistrate determined that Ian Muibanda, Samuel Juma and Ronald Odhiambo had a case to answer.
“The prosecution has mounted a case against the first, fourth and eighth accused person,” he said.
The students had been granted a bond of Sh1 million or money bail of Sh500,000, which the courtroom ordered refunded.
In the main charge, the students have been charged with publishing false information, contrary to Section 23 of the Computer Misuse and Cybercrime Act.
“On July 29, 2022 at Moi University in Kesses sub-county, mutually with others now not before the court, with the aid of potential of a licensed computer system specifically cellular device knowingly published facts that is false,” the charge sheet read.
Oscar Oduor, a lawyer representing the accused, had advised the court to acquit all the 10 students on the grounds of lack of evidence.
The court docket directed the three to put together their defence. A hearing was once scheduled for November 14.
