Justice George Odunga dismissed a suit by Jubilee activist Vincent Yegon that sought to charge activist Boniface Mwangi for hate speech.
The Judge ruled that Mr. Vincent Yegon failed to prove that the Director of Public Prosecution (DPP) was reluctant in instigating charges against Mr. Mwangi.
Mr. Yegon also wanted Boniface charged for allegedly pouring a red substance on police spokesman Charles Owino. The incident happened on July 4, 2016 when local and international human rights groups as well as lawyers protested the murders of advocate Willie Kimani, his client Josephat Mwenda and taxi driver Joseph Muiruri.
Mr. Yegon further accused Boniface of inciting Kenyans through his social media pages. He says the contents of the messages are likely to fan violence and breach peace in the country hence he should be stopped from further publishing inciting comments on his social media pages. He argued it is against the National Cohesion and Integration Act (NCIC Act) hence Boniface should be stopped.
Through lawyer, Ham Langat, Mr. Yegon claimed that Mwangi has been using his social media platform to fan ethnic violence and incite the public contrary.
The Judicial Review Judge added that the DPP should be left to conduct his own investigations and finalize it and cannot be compelled to do so by a court .