A Mombasa court on Wednesday dismissed an application filed by the Director of Public Prosecutions (DPP) seeking to have witnesses in an incitement case against an MP heard in camera.
In the case, Mombasa Women Representative Mishi Mboko is being charged with incitement to violence.
The DPP through lawyer Nicholas Kitonga had filed an application to have witnesses testify in camera claiming that the witnesses have been threatened.
In the application, Kitonga said the witnesses failed to appear in court in the previous case hearing because they are afraid.
Mboko is accused of uttering inciteful statements on June 1, 2014 during Madaraka Day celebrations at Mombasa Stadium.
Her lawyer, Jared Magolo opposed the application by the DPP saying since utterances were made in public then the witnesses should also testify in public.
On October 9 this year, the court ordered the prosecution to investigate after the witnesses failed to appear in court saying they were too afraid to testify.
Chief Magistrate Julius Nang’aea in his ruling rejected the DPP’s application saying there was no enough reason given to make the court order for the witnesses to testify in camera.
The case will be heard on March 11, 2016.