The High Court has quashed the subversion case against Embakasi East MP Babu Owino and six others.
Paul Ongili Owino alias Babu Owino, activist Calvina Okoth alias Gaucho, Tom Odongo Ong’undi, Michael Otieno Omondi, Pascal Ouma, Kevin Wambo, and Willis Owino Baraka were freed by the Milimani chief magistrate Lucas Onyina.
On freeing them, Onyina said the law under which the seven were charged had been declared unconstitutional and therefore the court could not proceed with the case.
The High Court declared section 77 (1) of the penal code as unconstitutional and ultra vires,
“This court takes judicial notice of the High Court order declaring section 77 (1) of the penal code as unconstitutional,” ruled Onyina.
Owino and the six others had been charged with conspiracy to commit subversive activities contrary to section 77 (1) of the penal code.
They had been accused of taking part in demonstrations challenging the high cost of living and skyrocketing prices of essential commodities and the housing levy imposed on workers in formal and informal employment.
The prosecution accused the MP and proponents and supporters of Azimio took part in demonstrations on July 7 and 18, 2023.
The demonstrations balkanized major towns in the country bringing to a standstill businesses and transport.
Applying to terminate the case, state prosecutor James Gachoka stated that the DPP has reviewed the charges against the accused persons against the backdrop of the high court ruling in respect of the colonial law and advised the case be withdrawn under section 87 (a) of the Criminal Procedure code.
Defense lawyers Dancun Okatch, Sophie Nekesa, and Danstan Omari welcomed the move by the DPP saying the case against the seven was a non-starter from the beginning.
Mr Okatch applied to have cash bail deposited by the seven in court be reimbursed since the case against them had collapsed.
The defense lawyers told Onyina that they will file a constitutional suit against the state for the compensation of the accused persons for malicious prosecution.
Omari told the court that the accused persons underwent torture in the hands of police who denied them food, water and held them incommunicado.
Owino and his accomplices had denied the charges against them.