TOBIKO WANTS COURT TO CANCEL MOSES KURIA BAIL TERMS.

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Gatundu South MP Moses Kuria’s at Milimani law courts during the application seeking to cancel his bail terms.
BY SAM ALFAN.
Nairobi court is expected to rule on whether Gatundu South MP Moses Kuria’s bail terms will be cancelled at the end of this month.
Mr Tobiko, through Senior Deputy Director of Public Prosecution Nicodemus Maingi, on Wednesday morning accused Mr Kuria of breaching the terms of the Sh2 million bail.
The court had asked Kuria not to post more hate messages on his social media accounts and Mr Maingi said the lawmaker had disrespected the order.
DPP Tobiko made the application before a Nairobi court after the National Cohesion and Integration Commission (NCIC) accused Mr Kuria of breaching an agreement for an out-of-court settlement.
The defense counsel, Francis Munyoro during the case hearing yesterday said the allegations made against Kuria are malicious and lacks basis.
Mr Kuria is out on Sh 2 million cash bail over hate speech allegations where he is being accused of Writing hate messages targeting the Luo community on his Facebook page even after he had agreed not to do so.
In his application the DPP through a Prosecution Counsel Nicodemus Maingi said Kuria had continued posting hate speech in the social media despite a public apology for previous similar offences and promises that he would desist from the same.
He added that Kuria had breached the bail terms which stated that if the accused person has breached an order his bail should be cancelled.
“It is not in the interest of justice or proper administration of justice for the accused person to repeat the same content that has got him in court,” he said.
The prosecution told the court that the accused‘s content was intended to incite against one ethnic group which was luo community.
Maingi added that Kuria had breached a court Order barring him from posting inciting messages on social media.
“The accused should not to engage in the same conduct that is subject matter of the charge sheet,” he said.
In response to prosecution application, Munyoro said that the accused closed down his social media accounts on January 15.
Munyoro said Kuria’s mistake was only quoting a bible verse of Genesis 14:7 and that should not lead to his bail cancellation.
Kuria’s Lawyer said there were ongoing reconciliation meetings between the complainants who were National Cohesion and Integration Commission (NCIC) and the Law Society of Kenya (LSK) and the accused to try to resolve the matter out of court following the public apology last year.
“If indeed my client messages amount to another offense, the prosecution has a right to charge the accused to another offense, but the accused has diligently attended court proceedings and at no any point has the prosecution demonstrated he is a flight risk, it’s an ongoing trial and thus I find the application not valid,” he said.
Mr Kuria is accused of linking the Gikomba terrorist attack, which claimed several lives, to members of the Luo community.
He faces three charges of incitement to violence, hate speech and fanning ethnic hatred. The prosecution had attached a printout of the Face book page containing the alleged hate message as an exhibit in the application seeking to have the bail revoked.
Maingi fought Mr Kuria’s claims that there is a “reconciliation process” going on between the Law Society of Kenya and the National Cohesion and Integration Commission for an out-of-court settlement.
The prosecutor said Mr Tobiko’s office is not a party to the reconciliation proceedings.
Senior Principal Magistrate Enock Cherono will deliver the ruling on April 27.

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