Gatundu South MP Moses Kuria with his lawyer Francis Munyoro outside Milimani law courts after court declined to cancel bail terms as sought by the DPP over an on line posting the latter said amounted to hate speech.
BY SAM ALFAN.
Nairobi Magistrate court has declined to cancel Gatundu South MP’s bail terms as sought by the DPP over an on line posting the latter said amounted to hate speech.
The MP who is charged with incitement to violence and ethnic hatred had allegedly breached the terms of his bond by posting further hate speech on his tweeter account alluding to the practice of non circumcision of the Luo community derogatorily, according to the DPP.
He has a case pending before the chief magistrate’s which will be heard on September 9 .
Mr Kuria is out on a bail of Sh 5 million.
The prosecution had obtained “gag orders” barring him from making further inflammatory comments on social media but shortly after he “posted a Biblical verse Gen 17 :14 which Magistrate Enock Cherono ruled that he was not in contempt of the court order .
The magistrate said that to make a finding that he had breached the bond terms and cancel the bail was to condemn the politician unheard as he is presumed innocent till proven otherwise and also the posting was within the margins of the statement under inquiry which is yet to be concluded.
He further said that bond may only be canceled if a suspect fails to turn up for trial unlike in Kuria’s case where he has religiously attended court including mentions.
Mr Tobiko, through Senior Deputy Director of Public Prosecution Nicodemus Maingi accused Kuria of breaching the terms of the Sh2 million bails.
The court had asked Kuria not to post more hate messages on his social media accounts and 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 accuser’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.