Court dismisses petition to prosecute activist Boniface Mwangi

High Court Judge George Odunga has dismissed a case by an activist who was seeking orders to compel the Director of Public Prosecutions and the Director of Criminal Investigations to prosecute activist Boniface Mwangi over alleged hate speech and breach of public peace.

The judge said that the petitioner, Victor Yegon, failed to prove that the DPP is not up to task.

The judge further asked the petitioner to give the DPP time to finalize his investigations.

In the case, Victor Yegon claimed that Mr Mwangi has been using his social media platforms to fan ethnic violence and incite the public contrary to the National cohesion and Integration Act.

He says that during the infamous Willy Kimani Protests he maliciously poured a red substance on police Spokesman Charles Owino, an act that is punishable by law for breach of public peace.

“Mwangi’s conduct should not go unpunished and the conduct is clear evidence that the offence of hate speech and public peace has arisen and should not be left without legal consequence,” said Yegon.

The activist claims that Mwangi has continued to polarize the country and create ethnic animosity, which if the court does not bring to an end will perpetuate further atrocious actions and destroy the peace within the country.

“The peace of mosaic communities in Rift Valley and across the country is at stake because of the unfortunate and loose conduct of Mr Mwangi, who is abusing his freedom of expression,” said Yegon.