A lawyer representing Bungoma Senator Moses Wetang'ula yesterday escaped a six-month imprisonment over contempt of court arising from remarks he made on Facebook.

Henry Wasilwa Makhakara who had been summoned by Bungoma judge Francis Gikonyo was pardoned with a stern warning after pleading for court's mercy.

Wasilwa commented in a page called 'county c411' on the July 27 on the ongoing poll case filed by former Cabinet Minister Musikari Kombo who is challenging the election of Wetang'ula.

Kombo through his lawyer Alfred Ndambiri had complained that Makhakara's remarks implied the petition will collapse because of lack of evidence and termed the ongoing scrutiny exercise "exercise in futility".

Ndambiri told the court the comment was subjudice and tantamount contempt of court. That, he said will attract a penalty of six months in prison. Ndambiri said the remarks are likely to influence the outcome of the case.

Makhakara pleaded for mercy before Gikonyo and owned up. "Your honour I want to apologise to this court. I posted the remarks not knowing it will amount to this.

I pray for leniency," Makhakara said. Gikonyo said the comment was prejudicial because the recounting and re tallying exercise was ongoing. "I expect an advocate of your stature to carry yourself with decorum and not make careless remarks that will prejudice this case ,"Gikonyo said. The court pardoned Makhakara and warned him not to repeat the offence.