Gutundu south Member of Parliament Moses Kuria leaving Milimani law courts yesterday after Nairobi magistrate court gave them duration of one month to complete negotiations or commence the case over hate remarks he made on social media.
BY SAM ALFAN.
The hate speech case against Gatundu South MP Moses Kuria will proceed to trial following the collapse of out-of-court settlement.
This comes few hours after Nairobi Senior Magistrate Enock Cherono has given National Cohesion and Integration Commission and Gutundu south Member of Parliament a duration of one month to complete negotiations or commence the case over hate remarks he made on social media.
This is after the Gatundu South legislator Moses Kuria appeared in Chief Magistrate court to give details on the progress they made towards the reconciliation process with National Cohesion and Integration Commission.
However Moses Kuria is still on the hook after National Cohesion and Integration Commission, one of the complainants, accused Kuria of failing to show remorse.
“While the commission believes that the accused is innocent until proven guilty as well as freedom of expression as guaranteed under Article 33 of the Constitution of Kenya 2010, the Commission regretfully observed that the honourable Kurai has not exhibited a conciliatory demeanor in his social media accounts.
NCIC chairman Francis ole Kaparo said while the conciliation process has been in progress, Kuria has continued to post material on his social media accounts that in the opinion of the commission may cause disharmony and are in contradiction of the spirit of conciliation,” NCIC chairman Francis ole Kaparo said.
Barely hours after he made a public apology for posting hate remarks on his Facebook page, Gatundu South MP Moses Kuria was at it again, his sensational statement this time referring to the Bible.
He referred to Genesis 17:14 which says: “And the uncircumcised man child whose flesh of his foreskin is not circumcised, that soul shall be cut off from his people; he hath broken my covenant.
The MP was charged with incitement, hate speech and causing ethnic contempt in Facebook messages allegedly posted on May 16.
Trial Senior Principal Magistrate Enock Cheorno, said that the court has noted the progress made so far and directed that the matter be mentioned on February 17 for further directions.
In July last year, the DPP wrote to the NCIC to review if statements made by Mr Kuria regarding the killings in Lamu constituted hate speech.
The MP is being charged with incitement, hate speech and causing ethnic contempt in Facebook messages allegedly posted on May 16 this year.
LSK had said the Facebook posts were intended to incite the public to violence against a specific community.
Prosecutors said that on May 16, he posted a message on the page with the intent to stir up ethnic hatred between the Kikuyu, Luo and Somali communities.
The post read: “I think it is only a matter of time before Kenyans start violence against PERCEIVED (sic) terrorists, their sympathizers, their financiers and those issuing travel advisories without intelligence. I am not sure I will not be one of those Kenyans. When you touch Gikomba the nerve center of our economic enterprise, you really cross the line. Brace yourself. Choices have consequences.”
The recommendation to prosecute Mr Kuria was made by the National Cohesion and Integration Commission after complaints by the Law Society of Kenya.
In a statement red to the press on Friday, Kaparo said Kuria’s fate now lies with the court..NCIC recommended that the court, through the Director of Public Prosecutions, pursue the case fully.
“The only logical thing to do is for us to withdraw and let the court continue with the case to the logical conclusion,” Kaparo said.
A spot check on Kuria’s Facebook account by the Star showed that Bible verse Genesis 17:14 was his last post.
NCIC alleged that the additional inflammatory posts had been deleted.
Kaparo revealed that it was the NCIC that pursued the case of 22-year-old Moi University student Allan Wadi who was sentenced to two years in prison for hate speech and undermining authority.
The manner in which Wadi’s case was handled has been the subject of public debate, many accusing NCIC of partiality.
The matter to be mention on 17 of February to update the court proposed reconciliation.