Gatundu Member of Parliament Moses Kuria at Milimani law courts after the court dismissed the preliminary objection by Moses him seeking to stop the Director of Public Prosecution Keriako Tobiko from filing an application for the cancellation of Kuria’s bail on Friday 7 August, 2015.
BY SAM ALFAN.
Gatundu South Member of Parliament Moses Kuria has suffered a setback after the Nairobi Magistrate court dismissed his application.
Nairobi senior principal magistrate Teresia Nyangena has dismissed the preliminary objection by Moses Kuria seeking to stop the Director of Public Prosecution Keriako Tobiko from filing an application for the cancellation of Kuria’s bail.
The court said that,stopping the Director of Public Prosecution Keriako Tobiko from presenting the evidence he have it amount to denying the court a chance to know the kind of evidence the DPP has against the MP.
Kuria’s lawyer Danson Mungatana applied for the certified copy of the court ruling so he can challenge the court decision to the High court.
The DPP through Dr Leonard Maingi said they are ready to take the hearing date earliest possible.
DPP want the MP’s bail cancelled over his continues utterances. He was charged with incitement to violence and hate speech he made on social media.
DPP told the court during the hearing of the application, that new issues have arisen to warrant the cancellation of bond given to Gatundu South Member of Parliament Moses Kuria.
The court heard the Mp having been released on cash of Sh 2 million on the charge of incitement; he has continued spread hate speech and inciting members of the public.
The DPP through Dr Leonard Maingi told the court new circumstance have risen which calls for holding the MP in custody pending the hearing and determination of his criminal case.
Dr Maingi told senior principal magistrate Teresia Nyangena, that in upholding the constitution, the MP ought to respect the rule of law.
The state prosecutor was responding to a pr elimination objection by Kuria’s lawyer Danson Mungatana in which he has opposed the application to cancel his cash bail.
He said whereas it’s the constitutional right of the accused to be accorded with bond, the same must be honored with the conditions attached to
Kuria had last week lost bid to bar media from the covering his criminal case.
The trial court ruled that the accused ought to have filed a formal application giving out all the facts showing how he has been tried and convicted by the media.
The court found and held that the accused stands innocent until proved guilty by the court after hearing evidence from the prosecution.
The magistrate said that the court does not pick evidence from the press in order to convict a suspect, saying that the media can only be barred where there vulnerable witness.
The media, the court said operates under the law, saying that the matter before the court touches on public interest.
The trial court proceeded to give a date for the hearing of the application by the office of the DPP seeking cancellation of a cash bail of Sh 2 million given to the accused on grounds that he has continued to0 utter words that amount hate speech and incitement to violence.
” It’s upon the accused 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 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 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 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 ongoing investigations confirms accused to have uttered words complained of herein,” Mr Maingi said
The matter to be heard on 19 August for highlighting submissions the have filed.