Monday might have been a great day for Gatundu South MP Moses Kuria and his Kabete constituency counterpart Ferdinand Waititu after Senior Principal Magistrate Charity Aluoch acquitted them of incitement to violence charges. 

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Aluoch ruled that the video evidence submitted to indict the two MP was not authentic to warrant their conviction. 

She also added that the original video and transcripts were not presented in court.

However, their acquittal is still on the balance after Director of Public Prosecution Keriako Tobiko filed an appeal on Monday to contest the verdict.

In his appeal, the DPP said the acquittal of the two will set a bad precedent on ongoing hate speech cases.

"Acquittal of MPS Kuria and Waititu over incitement to violence charges major setback in fighting hate speech and incitement," said Tobiko.

The two MPs had on June 13 last year made remarks alluding to physical injuries and death of ODM party leader Raila Odinga.

Caption: Kabete and Gatundu South MPs Ferdinand Waititu and Moses Kuria respectively. Their incitement case has been appealed by the DPP.

Photo: Daily Nation/nation.co.ke