Mombasa Woman Representative Mishi Mboko who is facing an incitement to violence charge wants the court to find that she has no case to answer.
Through her lawyer James Orengo, the Ms Mboko on Friday urged the court to find that the charges by the prosecution against her are defective.
“The charges are defective on account of duplicity, the words which form particulars of the offence do not disclose an offence,” said Mr Orengo.
Mr Orengo told Mombasa Chief Magistrate Julius Nang’ea that the prosecution ought to make a mind whether the accused is in court for breach of peace or disobedience.
The Senior Counsel further told the court that the law that has been breached has to be stated in the charge.
Mr Orengo said a speech by Ms Mboko (one she is alleged to have incited) if read as a whole, one would conclude that she was speaking for the disadvantaged people in the society.
The court also heard that there is no credible evidence to link the charges preferred to Ms Mboko by the prosecution witnesses.
According to the defence, the prosecution has pursued a baseless charge against Ms Mboko which was not even understood by the complainant.
Jared Magolo, another defence lawyer told the court that it is not upon Ms Mboko to explain what she meant in her speech but those who allege must prove.
Senior Assistant Director of Public Prosecution Alexander Muteti urged the court to put the accused on her defence.
Mr Muteti said the court has sufficient material to put the accused on her defence and that the prosecution has discharged its burden.
“The prosecution has discharged its burden and put a case contemplated in law. In the absence of any explanation without shifting the burden to the accused any tribunal will find it is sufficient to sustain a conviction,” said Mr Muteti.
Mr Muteti argued that free speech would not be allowed if it is stretched to incite people and that its (free speech) right is not absolute.
He added that particulars on the charge sheet provide sufficient materials to inform the accused on what she is facing.
Ms Mboko is also facing a charge of incitement of ethnic hatred.
According to the prosecution, her words amounted to incitement to cause a breach of peace and disobedience of the law.
The words allegedly intended to incite the feelings of contempt and ethnic hatred.
The offences are alleged to have been committed in June 2014 at the Mombasa County Stadium.
During the hearing of the case, the prosecution called three witnesses.