The Ethics and Anti-Corruption Commission (EACC) chief executive Halake Waqo has dropped against blogger Robert Alai.

Yesterday at the Milimani law courts, the prosecution said it had dropped the charge, but under section 87 (a) of the penal code which allows future re-arrest and prosecution.

Alai’s lawyer Mr. Edward Oonge told a magistrate that the high court had since declared Section 29 of the Kenya Information and Communication Act unconstitutional thus annulling the charge against Mr. Alai.

Blogger Alai was alleged to have claimed in a Twitter post that the EACC chief executive officer “faked a UoN degree which he used to ascend to office.” The prosecution said the offence was committed on November 18, 2015.

Mr Alai denied the charge and had been out on a cash bail of Sh30,000. He pleaded not guilty when he appeared before Milimani Chief Magistrate Daniel Ogembo on Tuesday 5th Janaury 2016.

He is alleged to have used the Twitter account Robert ALAI @RobertAlai to post a message that read:

“How do you expect EACC to arrest anyone for corruption when its head (Waqo) used a forged UoN degree certificate to get into his office”.

His lawyer however doubted the possibility of him being arrested under a charge that was declared unconstitutional by High Court Judge Mumbi Ngugi. He emphasized that Robert Alai’s acquittal is final as he cannot be charged under a non-existent crime.