She said a formal application demonstrating how the media had tried and convicted him should have been done to support his claims/XINHUA-File
Senior Principal Magistrate Teresia Nyangena said Kuria had not demonstrated by way of an affidavit that there was injury caused by the media.
She said a formal application demonstrating how the media had tried and convicted him should have been done to support his claims.
The magistrate further clarified that courts do not rely on evidence carried on media to make judicial determinations.
It was for that reason that Nyangena emphasised that Kuria was innocent until a guilty or innocent verdict is made.
Deputy Director of Public Prosecution Leonard Maingi who had rejected the application argued that the bid was irrelevant since the subject matter of the criminal charge was made at a public rally.
He said it did not make any difference if the charge is heard in the presence of the media since he made hate speech remarks before members of public.
Furthermore, Maingi explained, Kuria had not presented any supporting evidence to demonstrate to the court that the media had convicted him or had carried biased reports about the subject matter.
Kuria through his lawyer Danson Mungatana had made the application claiming that the media had tried and convicted him over the hate speech allegations.
READ: MP Kuria wants media barred from hate speech case
The embattled first time MP is facing charges of making inflammatory remarks to incite youth to deal with any person who dismisses the National Youth Service (NYS) projects.
Kuria who had previously been warned against making inflammatory remarks was captured on video directing the “slashing and finishing off” of politicians opposing NYS projects.
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