NAIROBI, Kenya, Aug 3 – The Director of Public Prosecution Keriako Tobiko says there is enough evidence to warrant the cancellation of bond given to Gatundu South Member of Parliament Moses Kuria.
The DPP through Dr Leonard Maingi told the court that the MP having been released on cash of Sh2 million on the charge of incitement, has continued to spread hate speech and inciting members of the public.
He told the court new circumstances have risen which calls for holding the MP in custody pending the hearing and determination of his criminal case.
Dr Maingi told Senior Principal Magistrate Teresia Nyangena, that in upholding the Constitution, the MP ought to respect the rule of law.
The state prosecutor was responding to a preliminary objection by Kuria’s lawyer Danson Mungata in which he has opposed the application to cancel his cash bail.
He said whereas it’s the constitutional right of the accused to be accorded with bond, the same must be honoured with the conditions attached to it.
The court will make its ruling on August 7 to determine whether to cancel the bond or not.
Kuria had last week lost bid to bar media from the covering his criminal case.
The trial court ruled that the accused ought to have filed a formal application giving out all the facts showing how he has been tried and convicted by the media.
The trial court proceeded to give a date for the hearing of the application by the office of the DPP seeking cancellation of a cash bail of Sh2 million given to the accused on grounds that he has continued to utter words that amount hate speech and incitement to violence.
“It’s upon the accuse to lay proper foundation why he wants the press excluded from covering his criminal trial” he said.
The court has not be shown the complaint against biased reporting by the press or specified which news paper or TV station that has wronged him.
Dr Maingi said that article 50 (d) of the Constitution provide for public trial, saying his lawyers have actually applied to have the accused denied the right to a fair trial.
The philosophy under which the article is established is the increased public participation as provided for in the constitution.
He urged the court to dismiss the application and the matter proceeds to full hearing conditions issued to him by the court on June 26 2015 while addressing youth in his constituency directed the “slashing and finishing off” of politicians opposed to various National Youth Service projects.
Dr Maingi told the court that the MP’s conduct has amounted to incitement to violence contrary to section 96 of the Penal Code.
“We now seek that the bond granted to the accused on June 26 2014 be cancelled and the accused be remanded in custody pending the hearing and determination of the criminal case.
DPP has procured transcript of the offensive utterances in which the MP allegedly calls for the killing of those opposed to NYS which are now attached to the court documents.
“The accused has in any event admitted in media interviews to having uttered the words complained of as evidence,” the prosecutor said.
On November 26 2914 the court after rejecting a similar request for cancellation of bond had restrained the MP from making statements that may be deemed to incite people to violence.
Former trial magistrate Enock Cherono had warned the politician to desist from making further inflammatory statements after he allegedly posted a Tweet which the prosecution deemed was derogatory of the Luo community over circumcision.
He had earlier been charged with hate speech after he linked the Gikomba bomb blasts to a section of the Luo community.
“A transcript of a video recording obtained in the ongoing investigations confirms accused to have uttered words complained of herein,” Maingi said.