The hate speech case against Korogocho MCA, Absalom Odhiambo Onyango, has taken a new twist.
The defence Lawyers brought to the attention of the Court that Section 96A of the Penal Code under which the MCA was arrested, is unconstitutional pursuant to a three-Judge bench ruling issued in 2015.
According to the defence, Hon. Muthama in 2015, the then-senator of Machakos County challenged the Constitutionality of incitement charges as provided for in the said section of the PC where the Judges of the High Court directed Parliament to repeal the section.
However, the section remains unamended hence hate speech offence is no longer recognized in Law.
The Lawyers informed the court that it has no business as per the High Court ruling to hold the MCA even for a second.
Hon. Gilbert Shikwe ruled that indeed the application ruling was properly arrested before it would be delivered hence he could not deliver it as it was scheduled.
The case remains adjourned until 2pm when the court is expected to give a determination as to whether to allow the 7-day detention request or release the MCA
