Gatundu South Member of Parliament Moses Kuria, at Milimani law courts during the hearing of an application by the prosecution before principal magistrate Theresia Nyangene, to have his bond cancelled on Wednesday 19 August, 2015.
BY SAM ALFAN.
Director of Public Prosecution Keriako Tobiko has formerly argued his application seeking cancellation of bond given to Gatundu South Member of Parliament Moses Kuria.
Trial magistrate Teresia Nyangena, was told that new issue have risen to warrant the cancellation of bond to remove the MP from the public which he has consistently incited to violence.
The DPP through Dr Leonard Maingi, told the court that Kuria has continued utter words which are likely to cause anarchy in the country, despite having been given cash bail of Sh 2 million on incitement and hate speech indictment.
“We now seek that the bond granted to the accused on 26 June 2014 be cancelled and the accused be remanded in custody pending the hearing and determination of the criminal case
He said whereas its the constitutional right of the accused to be accorded with bond, the same must be honored with the conditions attached to
The court will make its ruling on September 14 to determine whether to cancel the bond or not.
The incitement and hate speech case will proceed on September 8 and 9 has directed by the court.
DPP has procured transcript of the offensive utterances in which the Mp allegedly calls for the killing of those opposed to NYS projects 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 on going investigations confirms accused to have uttered words complained of herein,” Mr Maingi said
The MP’s lawyer Danson Mungatana, said that the prosecution has not produced evidence to show that his client has committed an offence.
He said the prosecutor ought to have charged the politician on the alleged new development.
The court heard that there are no victims were have been injured as result of what the Mp said in public rally.