Nine witnesses failed to appear in court to testify in a case against Ruth Odinga, ODM leader Raila Odinga’s sister, and Kisumu Senator Fred Outa on February 27.
The two were accused of attacking IEBC officials and vandalising the agency’s property ahead of the 2017 repeat elections.
The Daily Nation was first to report that the case was subsequently thrown out due to lack of evidence.
Kondele MCA Joachim Oketch was also set free alongside the duo.
Kisumu Senator Fred Outa speaks to a crowd at a ceremony in Kisumu in May 2019
The case had been earlier mentioned on Monday, February 24, but was postponed as the fourth accused, one Francis Odhiambo, failed to show up in court.
A report by People Daily on Monday, February 24 stated that Chief Magistrate Peter Gesora postponed the case after the accused’s lawyer argued that his client had an emergency.
The magistrate directed the lawyer to present medical records on Thursday, February 27, the same day the case was thrown out.
Apart from attacking IEBC officials and vandalism, Ruth, Outa, Oketch and Odhiambo were facing other charges, among them entering in an electoral centre without authority and obstructing an election officer from executing lawful duties, contrary to Election Offences Act.
In 2017, they all were released on a Ksh 500,000 personal bond each, but without surety.
Outa was independently charged with incitement to violence as he and Ruth were further charged with stealing 94 plastic chairs and 11 tent stands valued at Ksh 92, 000.
Kisumu Senator Fred Outa (left) and former Kisumu Deputy Governor Ruth Odinga (right) in court in 2017