Gatundu South Member of Parliament Moses Kuria and Law Society of Kenya Chief Executive Officer Apollo Mboya.
Gatundu South Member of Parliament Moses Kuria want Safaricom compelled to produce phone records of Law Society of Kenya Chief Executive Officer Apollo Mboya in court.
In his an application filed in court today,Kuria is seeking the trial court to compel the telecommunication company to produce Mboya’s phone records for the 1`6 day of May 201q4 between 7pm and midnight.
Mboya who was the first prosecution witness stated in his statement of the 9 September, 2015that he received phone calls from four lawyers complaining about Kuria’s comments he made on facebook page on the 16 May, 2014.
He argues his defence team needs the phone records from Safaricom Limited in order to prove the Mboyo’s allegation are false.
Kuria who was charged on 26 June ,2014 with incitement to violence and disobedience of the law contrary to section 96 of the penal code as the charge of hate speech.
The defence has reasonable doubt as to the accuracy of the testimony given by the first prosecution witness” said Kuria in his affidavit
During the hearing Mr Mboya told the court that Gatundu South MP wrote an “inflammatory” post against the Luo on his Facebook page in January, the Law Society of Kenya has said.
Kuria is accused of linking the Gikomba terrorist attack, which killed 10, to members of the Luo community.
Testifying in an application to have Kuria’s bail revoked; LSK secretary general Apollo Mboya said the words on the MP’s page could cause havoc.
He told Nairobi trial magistrate Teresa Nyangene that he asked the Director of Public Prosecutions to cite the MP for hate speech.
DPP Keriako Tobiko wrote back saying he had instructed the Inspector General of Police to investigate.
The MP faces three charges of incitement to violence, hate speech and fanning ethnic hatred.
Chief inspector of police Robert Mabera said Kuria had been court-restrained from making statements that amount to incitement.
Tobiko said despite the court order, the MP on January 11 referred to a Bible verse on circumcision on his Facebook page.
The application will be heard on Friday for further directions.