7 university students acquitted, 3 have a case to answer in hate leaflets case
Some of the ten Moi university students (standing in the dock) who were charged with circulation of hate leaflets through their Whats App group in July, appeared in court on September 6, 2022. An Eldoret court has acquitted seven, while the remaining three have a case to answer.
What you need to know:
- The students had been granted a bond of Sh1 million or cash bail of Sh500,000, which the court ordered refunded
- The court directed the remaining three to prepare their defence
An Eldoret court has acquitted seven of 10 Moi University students charged with circulating hate leaflets ahead of the August 9 polls.
Chief Magistrate Dennis Mikoyan found that the remaining three have a case to answer.
“Having heard evidence produced in court by the prosecution, I find that the prosecution has failed to establish a case against the seven students. I therefore acquit them under section 210 of Criminal Procedure Code (CBC),” ruled the magistrate.
But he found that Ian Muibanda, Samuel Juma and Ronald Odhiambo had a case to answer.
“The prosecution has established a case against the first, fourth and eighth accused person,” he said.
The students had been granted a bond of Sh1 million or cash bail of Sh500,000, which the court ordered refunded.
In the main charge, the students were 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, jointly with others not before the court, by means of a licensed computer system namely mobile device knowingly published information that is false," the charge sheet read.
Oscar Oduor, a lawyer representing the accused, had urged the court to acquit all the 10 students on the grounds of lack of evidence.
The court directed the three to prepare their defence. A hearing was scheduled for November 14.
