Meru Senator Mithika Linturi was on Monday set free by the court after Prosecution failed to prefer charges against him over his ‘madoadoa’ remarks.
Nakuru Chief magistrate Ednah Nyaloti yesterday closed the case upon the expiry of the period given to the police to conclude their investigations before charging Mr Linturi.
The court had on January 26 extended by a month the period upon which the police should finish their investigations on alleged incitement remarks that he made during a public rally attended by among others, Deputy President William Ruto in Eldoret.
The Prosecution however requested to be allowed to close and withdraw the case after the police failed to get enough evidence to support incitement charges against him.
The prosecution told the court the Police did not manage to conclude the investigations within the time given.
In her ruling the magistrate granted the request to withdraw the miscellaneous application thus freeing the Meru Senator.
She directed that the file be closed and the Sh 2 million cash bail be refunded to Mr Linturi.
“The application by the prosecution to have the miscellaneous application closed and withdrawn is hereby allowed and the court directs that the cash bail be released to the depositor,” ruled the magistrate.
Reacting to the ruling, Mr Linturi thanked the court and the prosecution for their decision to discontinue the case saying it confirmed that it was politically motivated.
The politician condemned the Directorate of Criminal Investigations (DCI) for misusing public resources to serve political interests.
He advised the DCI boss George Kinoti to shun from being used by politicians to settle their political scores.
“I am very concerned about the wanton misuse of public resources by the office of the DCI in arraigning people in court and wasting judicial time on matters that are not necessary. The resources should have been used to serve Kenyans better,” he said.
Mr Linturi was arrested on the evening of January 8 at a hotel in Eldoret after attending a rally that was organized by the deputy president.
He was taken to Nakuru’s Kaptembwo Police Station the following day where he was held briefly before being taken to Naivasha and later to Nairobi for grilling.
He was returned to Nakuru on the same night where he was booked and spent the night before being produced in court on January 10.
The police filed a miscellaneous application seeking to hold him for more days to conclude investigations before charging him.
The court however, granted him release on a conditional bond terms of Sh 5 million bond or alternative cash bail of 2 million.