Gatundu South MP Moses Kuria at Milimani law courts where he is facing incitement charges.
BY SAM ALFAN.
Gatundu South MP Moses Kuria is a restless man after the High Court slapped him with an additional cash bail of Sh3 million and a bond of 10 million.
The court on Tuesday enhanced a previous bond and further ordered that he pays more for continued hate mongering.
Justice Luka Kimaru now wants the controversial MP to pay a further Sh10 million bond or a cash bail of Sh3 million within a week, failure to which he will go to jail.
“’The reasons for enhancing the bond terms is because from the record of the Chief Magistrate’s court, the MP had been warned not to utter the same words.
The prosecution has demonstrated that he has continued to do so,” the judge said on Tuesday.
In imposing the new terms, the judge said politicians must learn that their utterances bear consequences.
He warned Kuria against issuing other hate remarks saying his bond will be cancelled and that he will be remanded until his cases are heard if he does not oblige.
The Director of Public Prosecutions, Keriako tobiko requested for the cancellation of the MPs bond terms for continued hate speech.
Kuria had urged the court to dismiss an application by the Director of Public Prosecutions to have his bail terms of Sh 1 million over incitement charges cancelled.
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.
Mungatana said that Kuria is a father of three children and entitled to his rights of acquittal. He termed the application as an afterthought, adding 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 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 said 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 to justify the bail cancellation, including past defiance of the court by Kuria.
The MP was granted Sh1 million 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 wanted the High Court to review the terms.