Meru Senator Mithika Linturi has Monday been set free by a Nakuru Court after the prosecution failed to prefer charges against him within the allocated time.
Nakuru Chief Magistrate Edna Nyaloti in her ruling said that the case had been closed following the delay.
Linturi had earlier been released on a Ksh 5 million bond or 2 million shillings cash bail over the alleged incitement remarks.
Chief Magistrate Nyaloti in addition ordered the Senator not to contact witnesses either through proxy or directly.
The Director of Public Prosecutions Noordin Haji early in the year ordered investigations into Linturi’s “madoadoa” remarks which he made during a rally in Eldoret
The DPP called on IG Hillary Mutyambai to investigate utterances allegedly made by Linturi during the rally.
Haji in his statement also copied to NCIC said that the alleged utterances made by Linturi could incite feelings of contempt hatred, hostility, violence or discrimination.
“Pursuant of Article 157 (4) of the Constitution, I hereby direct that you immediately institute comprehensive investigations into the said allegations…,” he said.
In addition, the DPP said that members of the public found culpable of hate speech and incitement will be prosecuted.
Linturi, however, apologized for the remarks during Deputy President William Ruto’s rally in Eldoret in January.
He said his remarks were not meant to incite or propagate hate speech.