DPP Keriako Tobiko wrote to the Inspector General of Police David Kimaiyo, directing him to open up the investigation against Kuria following a complaint filed by the Law Society of Kenya (LSK).
“I write therefore pursuant to Article 157(4) of the Constitution and direct that you cause speedy and thorough investigation to be conducted into the allegations contained in the aforementioned letter and upon completion of the investigation submit your report and findings to me for perusal and appropriate directions.”
The LSK singled out Kuria for allegedly uploading a series of inciteful Facebook posts targeted at a specific community.
“The posts incite the public to violence targeted at a specific community and may very well constitute hate speech, which if not curbed may plunge the country into chaos,” LSK said.
“Section 13 of the National Cohesion and Integration Act makes it illegal to use threatening, abusive or insulting words, acts or materials liable to stir up ethnic hatred.”
“Section 62 of the Act further outlaws speech intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race,” LSK Chief Executive Officer Apollo Mboya explained in the society’s letter.
In its letter to Tobiko, The LSK attached a download from Kuria’s Facebook wall together with comments.
“The DPP should exercise his constitutional responsibility to direct the Inspector General of the National Police Service to institute investigations on the social media posts.”
“The Inspector General should investigate the information and allegation of criminal conduct and ensure those responsible are brought to account for their utterances,” it further read.
In his response to the letter from the LSK, Kuria argued that he had not named any communities as such they had no basis for their allegations.
“I have not named any communities. Let them produce evidence of that. The boundary between the Law Society of Kenya and CORD is becoming increasingly thin.”
“They are just echoing the claims made by CORD at the Kibera rally which was full of tribal incitement. Apollo Mboya particularly is advancing a very thin Luo nationalist agenda. My stand against terrorism will not change. Sympathizers of terrorists should not hide behind their communities,” Kuria said in his response.