Mombasa, KENYA: Activist Kalinga Mgandi on Thursday came out victorious as Mombasa senior principal magistrate Nicolus Njagi asked the complainant to withdraw the misuse of telecommunication gadget charges levied on him.
Kalinga was charged with the misuse of telecommunication gadget charge which is no longer constitutional.
This is after high court judge justice Mumbi Gungi earlier this month declared that the section is unconstitutional,saying it was broad vague and that it violated certain provisions of constitution.
Nominated Senator Emma Mbura had sued Kalinga for sending abusive audio clips through Whatsapp to her and other groups.
This is said to have been caused after the alleged love affair between the senator and the activist went sour.
Senator Mbura also suffered a big blow on the case, this is after magistrate Njagi ruled that Kalinga should not release his mobile phone password to the investigative officers as requested by prosecution.
Mombasa Prosecutor Ms Sarah Ogweno had made an application asking court to order accused to give out his mobile phone password to enable the investigative officer get evidence from the phone of the accused.
Mr.Njagi in his ruling opposed the application and stated that the accused was detained for a week before the charge and that they had enough time to carry out investigations.
He also said ordering the accused to release his password will be violating his rights.
Earlier on the activist had told the court that his long love affair with the senator led him to separate with her wife before he was released on a bond of Ksh. 200,000.
Senior principal magistrate also asked the complainant to withdraw the matter from court since it was unconstitutional but the complainant stood firm, demanding to be heard.