Gatundu South MP Moses Kuria who has opposed Director of Public Prosecutions Keriako Tobiko application seeking the revocation of Sh 1 million issued by trial court over alleged hate speech.
BY SAM ALFAN.
Gatundu South MP Moses Kuria has asked a High court to dismiss an application seeking the revocation of Sh 1 million issued by trial court over alleged hate speech.
This is after Director of Public Prosecutions Keriako Tobiko filed an appeal in the High court against the Sh1 million granted to Gatundu South MP Moses Kuria over incitement charges.
DPP cited various grounds justifying the cancellation, including past defiance of the court by the accused.
Kuria has opposed, on a technicality, an attempt by the Office of the Director of Public Prosecutions to have his bail revoked in an incitement to violence case he’s facing.
Kuria through his lawyer has argued that the High Court lacks the jurisdiction to hear the DPP’s office on the matter as bail review falls under the purview of the trial court.
Through Lawyer Danson Mungatana, Kuria said he has a right to freedom because the issue of bail is grounded on constitution.
“The DPP went through the wrong process to seek cancellation of the accused bail because he has constitutional right to be granted bail,” said Mungatana.
He added that Kuria is a father of three children and entitled to his rights of acquittal. He termed the application as an afterthought. Mungatana added that there is intended ulterior motive by the prosecution.
Senior Assistant DPP Leonard Maingi who filed an appeal at the high court said Kuria is a threat to National security now that the country is heading to the general elections and such utterances are a threat to National Security.
“There has been consistency in such utterances and there is no law that prohibits prosecution from making attempts to review bail terms,” said Maingi.
He added that there is likelihood that so much will happen if bail has been granted. He added that the ruling was made on November 30, 2015 and they filed an application for cancellation of bail two weeks after the ruling.
Maingi cited various grounds justifying the bail cancellation, including past defiance of the court by Kuria.
The MP was granted Sh1 million bail on November 30, when he appeared in court after being in custody for nearly a week.
Kuria allegedly urged his constituents to attack people opposed to National Youth Service projects.
The MP was charged on November 25 with incitement and disobedience of the law.
The move came after DPP Keriako Tobiko ordered that he takes plea over an incident in July.
Kuria faces prosecution for his utterances in a video clip encouraging youth to attack with machetes, people who oppose NYS projects.
The parties appeared before Justice Luka Kimaru where they argued on the issue of bail cancellation. The Prosecution wants the High Court to review the terms.
Ruling will be delivered on February 8.
