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HomeKenya NewsKhalwale wins incitement case without trial against DPP

Khalwale wins incitement case without trial against DPP

Kakamega

By Collins Matubwi

Former Kakamega Senator Boni Khalwale is now a free man after the Director of Public Prosecutions (DPP) withdrew incitement charges against him.

Former Kakamega Senator Dr Boni Khalwale

Dr. Khalwale who was to be arraigned at the Kakamega Law Courts today morning to answer to the incitement charges for organising a rally during the Covid19 pandemic.

However, Erick Malesi, a senior resident magistrate based in Kakamega has declined to the DPP’s move and ordered them to bring to the court a sworn affidavit as to why they want to withdraw the charges against Khalwale.

“That on June 5, 2020, you (Boni Khalwale) at Mungusi village, Mugomari sub-location, Ilesi location of Kakamega East Sub County, you jointly with others not before the court, engaged in a prohibited public gathering during the restricted period,” read part of the charge sheet.

Police had claimed that the former senator had engaged in a prohibited gathering during the restricted period by conducting a public rally, which contravened the Ministry of Health’s measures put in place to curb the spread of Covid19.

“That on June 5, 2020, you (Boni Khalwale) at Mungusi village, Mugomari sub-location, Ilesi location of Kakamega East Sub County, you jointly with others not before the court, engaged in a prohibited public gathering during the restricted period,” read part of the charge sheet.

Khalwale faced another count of incitement where the prosecution alleged that he incited the youths to chase away Kakamega Governor Wycliffe Oparanya and Devolution Cabinet Secretary Eugene Wamalwa who were distributing food to the residents of Kakamega at the airstrip.

Earlier, Khalwale had presented himself at Malinya police station after Kakamega Senior Resident Magistrate Erick Malesi issued a warrant of arrest against him on Wednesday. His lawyer Danstan Omari accompanied him. They two flew from Nairobi.

He gave a cash bail of Sh50,000 to buy his freedom.

This is after he was summoned to the DCI offices on June 8, this year but failed to appear in person, which made the police took for the warrant of arrest against him.

“Whereas Boni Khalwale has been charged before this court that he failed to appear before the DCI Kakamega South on June 8, 2020, you are commanded forthwith to apprehend the said Boni Khalwale and to bring him before this court to answer to the said charges and to be further dealt with according to law on June 10, 2020” read Mr. Malesi’s order.

Ends

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