Victory for Mombasa activist as court dismisses misuse of communication gadget case

Victory for Mombasa activist as court dismisses misuse of communication gadget case

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Likoni based activist Kalinga Mgandi in a past court proceeding. FILE /PHOTO.

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.

READ ALSO: Activist in court for claiming to have an affair with nominated senator Emma Mbura

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.

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