Milimani Law court has withdrawn a criminal case against Embakasi East MP Babu Owino and six other co-accused after the Director of Public Prosecutions (DPP) applied to have the matter withdrawn.
The DPP applied for withdrawal upon a high court decision that declared the subversion charge unconstitutional.
"I have considered the submissions, the application made by the prosecution is meditated and therefore the case is terminated," said Milimani Law Courts Chief Magistrate Lucas Onyina.
Babu and the six others charged in 2023 with conspiracy to commit subversive activities are now free.
The legislature was arrested amid the nationwide anti-government protests sanctioned by the Azimio la Umoja coalition and charged alongside Calvina Okoth Otieno alias Gaucho, Tom Ondongo Ong'udi, Michael Otieno Omondi, Pascal Ouma, Kevin Wambo and Willys Owino Baraka.
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Babu Owino now says he will move to the high court for compensation as their rights were violated.
"We will file a constitutional petition, we will seek damages and the cost from the state. We were unfairly treated, without food water and even legal representation," he said.
Speaking on behalf of Babu Owino, his lawyers Danstan Omari and Duncan Okatch made a strong plea to the government, emphasizing the importance of freedom of speech and association and the need for the government to respect Article 37.
