Blow to Joho's brother as court terminates defamation case against woman

Former Mombasa Governor Hassan Joho and his brother Abubakar Joho join other Muslims at Eid Ul Adha in Mombasa County on Wednesday 28th June 2023. [File, Standard]

Mombasa businessman Abubakar Joho has suffered a blow after a Mombasa court withdrew charges against Matilda Kinzani, who had been charged with defamation and cybercrime charges.

Kinzani was charged last year after the businessman, who is the elder brother of Mining Cabinet Secretary Mr Hassan Joho, had claimed that she had circulated a letter claiming that he and his brother had stolen money from Mombasa County.

It was alleged that the accused claimed that the businessman was a drug dealer and further claimed that their late mother was a slut.

The office of the director of public prosecution withdrew the charges against Kinzani, claiming that the court of appeal had ruled that the charges were unconstitutional.

“I have instructions to withdraw the charges against the accused person after a ruling dated March 6, 2026, by the court of appeal stated that the charges before the accused person were unconstitutional and we do not have any intentions of re-arresting the accused person after the ruling of this court,” the DPP told the court yesterday.

Kinzani, through her lawyers Jared Magolo and Michael Oloo, raised concerns of what they termed as the ‘heavy’ presence of police, claiming that it was worrying since a re-arrest may not emanate from the ODPP but from other quarters, but the ODPP assured the accused that there were no intentions of re-arresting her.

“The order of withdrawal and setting our client at liberty is very crucial and important just as my senior Magolo has informed this court your honor,” Oloo told Mombasa Senior Resident Magistrate David Odhiambo.

The magistrate in his ruling stated that the state had admitted that the charges preferred against Kinzani were shaky and that the office of the director of public prosecutions, Renson Ingonga, made an application before the court to have the charges terminated.

"In the circumstances, I hereby order the charges to be terminated, the cash bail to be refunded to the depositor following the ODPPS application, additionally the respondent shall not be arrested on the same charges," stated Odhiambo.

The matter was surrounded by controversy last year after the accused person raised concerns on why the Anti-Terrorism Police Unit was involved in the investigations and her arrest, claiming it was against their jurisdiction since the matter was not a terrorism case but a cybercrime case.

However, the DPP said that the ATPU are officers mandated to do any investigations if assigned from their seniors.

Abubakar Joho, while testifying, told the court that she had no personal grudge against Kinzani and was ready to forgive her however the outcome of the court.