Muthama and Makadara Mp George Aladwa were also acquitted.
A Milimani court has terminated the case in which Gatundu South MP Moses Kuria was charged with hate speech.
The court has thus acquitted the legislator drawing reference to the cases in which Johnston Muthama and Makadara Mp George Aladwa were acquitted.
Magistrate Kenneth Cheruiyot has thrown the case out in reference to section 29 of the Kenyan Constitution.
In February, the high court declared section 96 of the constitution unconstitutional thus rendering proceedings of the court improper.
A three-judge bench said section 96(a) of the penal code is unconstitutional as it shifts the legal and evidential burden of proof to an accused person from the prosecution.
The bench held that the penal code infringes and transgresses on presumption of innocence of an accused person in a criminal trial.