Gatundu South Member of Parliament Moses Kuria at Milimani law court during the ruling on his bail cancellation by Director of public prosecution on Monday 21 September, 2105.
BY SAM ALFAN.
Gatundu South Member of Parliament Moses Kuria got a reprive after the court declined to cancel his Sh 2 bond.
Trial Magistrate Teresia Nyangena, said police ought to have charged Kuria with his second utterance he allegedly made in his constituency’
In dismissing the application by the DPP, seeking cancellation of the bond, she said if Kuria had committed an offence police should have charged
” Failure to indict him it appears there was no offence committed by the legislator” she said in her ruling.
The court found and held that DPP did not demonstrate by way of evidence the offence committed by Kuria
The court heard the MP having been released on cash of Sh 2 million on the charge of incitement, he has continued to spread hate speech and inciting members of the public.
The DPP had told the court that new circumstance have risen which calls for holding the MP in custody pending the hearing and determination of his criminal case.
He said wheres its the constitutional right of the accused to be accorded with bond, the same must be honored with the conditions attached to
Kuria had last month 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 cash bail of Sh 2 million given to the accused on grounds that he has continued to 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.
