A court has dismissed the hate speech case against Machakos senator Johnstone Muthama.
Making the ruling on Thursday, Chief Magistrate Daniel Ogembo said Muthama had been charged with the same offence in 2015.
Noting that it is an abuse of the court process, Ogembo said it was not fair to have him in custody for four days for an offence he committed in 2015.
Magistrate Ogembo expunged the senator’s charge sheet.
Muthama was among eight MPs who were arrested and detained over hate speech on June 15.
The eight included Moses Kuria (Gatundu South), Ferdinand Waititu (Kabete), Kimani Ngunjiri (Bahati), Timothy Bosire (Kitutu Masaba) and Junet Mohamed (Suna East) .
Woman representatives Florence Mutua (Busia), Aisha Jumwa (Kilifi) were also taken to Milimani Law Court over hate speech.
They were separately detained Pangani and Muthaiga police stations.
In 2015, the High Court declined to grant temporary orders stopping the arrest of Muthama over hate speech.
The Senator had moved to court to bar the DPP from prosecuting him over claims he defamed President Uhuru Kenyatta at a rally on September 24.