A Magistrate’s Court sitting in Kisumu acquitted local journalist Agwanda Saye, who was facing four counts of publishing false information.

The charges were brought against him under Section 23 of the Computer Misuse and Cybercrimes Act (2018) following a complaint by the Pinecone Hotel.

Senior Principal Magistrate Mary Ochieng dismissed the case, declaring the charges unconstitutional and ruling that they “cannot stand.”

In her ruling, Magistrate Ochieng noted that the prosecution failed to establish a credible foundation for the trial.

“No prima facie case had been laid out against the accused person by the prosecution to warrant the Court to place him on his defence,” she stated adding that, “I proceed to find the accused has no case to answer and acquit him under Section 210 of the Criminal Procedure Code.”

To support its case, the prosecution called nine witnesses, including:John Ochieng’ Odhiambo (who was later stood down), Alphas Masiona Okinda, Police Officer Maurice Owiyo Abugo, Police Officer Ronald Kimeli Tunoi, Inspector Patricia Sindoli, Sergeant James Ntakobi, Deus Oyaro, Corporal Ndingu, Assistant Superintendent of Police (ASP) Bemuticus Wanjohi

Defense counsel Charles Onyango extensively cross-examined the state witnesses.

In his final submissions, Onyango argued that the charges were defective and unsustainable in light of prior Court of Appeal decisions regarding the unconstitutionality of criminalizing specific forms of digital expression.

He successfully urged the court to grant an acquittal under Section 210 due to the lack of an established offense.