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Gatundu South Member of Parliaments Moses Kuria when he appeared before a Nairobi Principal Magistrate Teresiah Nyangina in relation to incitement remarks of his constituents over the weekend at Milimani law courts on Thursday 16 July,2015.
Director of Public Prosecution keriako Tobiko has dismissed the application by Gatundu South MP Moses seeking to exclude the media from his criminal trial.
The DPP through deputy director of public prosecution Dr Leonard Maingi, told the court that the application has no basis as the subject matter of the criminal charge were made in public rally and the same can not be heard in camera.
Dr Maingi told principal magistrate Teresia Nyangena, that the accused has not placed materials to show that the he has been tried and convicted by the media as raised by the defence lawyers.
” Its upon the accuse to lay proper foundation why he wants the press excluded from covering his criminal trial” he said.
The court has not be shown the complaint against biased reporting by the press or specified which news paper or TV station that has wronged him.
Dr Maingi said that article 50 (d) of the constitution provide for public trial, saying his lawyers have actually applied to have the accused denied the right to a fair trial.
The philosophy under which the article is established is the increased public participation as provided for in the constitution.
He urged the court to dismiss the application and the matter proceeds to full hearing
Kuria his lawyer Danson Mungatana raised the application saying his client has been tried and convicted by the press.
He told that the accused has not enjoyed the freedom as provide din the constitution.
The embattled MP face a charge of making inflammatory statement touching on NYS projects
Kuria was granted bail on June 26 2014 on condition that he desist. from repeating statements amounting to incitement to violence and ethic contempt pending the hearing of his case
Kuria has disobeyed the conditions issued to him by the court on June 26 2015 while addressing youth in his constituency directed the “slashing and finishing off” of politicians opposed to various National Youth service projects
Dr Maingi told the court that the MP’s conduct has amounted to incitement to violence contrary to section 96 of the Penal Code.
“We now seek that the bond granted to the accused on JUne 26 2014 be cancelled and the accused be remanded in custody pending the hearing and determination of the thew criminal case
DPP has procured transcript of the offensive utterances in which the Mp allegedly calls for the killing of those opposed to NYS which are now attached to the court documents.
“The accused has in any event admitted in media interviews to having uttered the words complained of as evidenced in the has evidence’ the prosecutor said.
On November 26 2914 the court after rejecting a similar request for cancellation of bond had restrained the Mp from making statements that may be deemed to incite people to violence.
Former trial magistrate then magistrate Enock Cherono had warned the politician to desist from making further inflammatory statements after he allegedly posted a Tweet which the prosecution deemed was derogatory of the Luo community over circumcision.
He had earlier been charged with hate speech after he linked the Gikomba bomb blasts to a section of the Luo community.
“A transcript of a video recording obtained in the on going investigations confirms accused to have uttered words complained of herein,” Mr Maingi said
The court will deliver the ruling on exclusion of the media on July 20

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