, NAIROBI, Kenya, Aug 7 – Gatundu South MP Moses Kuria on Friday lost his bid to block the Director of Public Prosecution’s application to have his bail cancelled over continued hate speech.
Principal Magistrate Theresa Nyangena dismissed his preliminary objection to the request on the grounds that Kuria’s objections were based on facts contained in the DPP’s application, which she was yet to hear.
She cautioned the parties against further wasting the court’s time and directed that they make their responses and submissions in the shortest possible time, to allow her make an informed determination when all the facts were before her.
She will therefore hear the DPP’s application on August 19 and made it clear that the proceedings will be held in public.
Kuria had sought to have the media barred from the proceedings; accusing them of having judged and executed him in the court of public opinion.
The DPP moved to get Kuria’s bond cancelled in a hate speech case he is facing over his Facebook posts after he allegedly publicly called for the assault of those opposed to National Youth Service projects.
This followed the burning of a public toilet, an NYS initiative, in Kibera by youths after Opposition leader Raila Odinga called for the suspension of Ministry of Devolution Cabinet Secretary Anne Waiguru, in whose docket NYS falls, over suspicious IFMIS transactions.
The NYS statements the DPP argues, violated the terms of Kuria’s release on bond in the Facebook hate speech case.
Kuria has however objected to the DPPs application, arguing that his release on bond is a constitutional right; a right the DPP has countered is not absolute.
Kuria says the DPP is also relying on information that has been edited to paint him in bad light and that he did not actually say what he has been accused of saying.
He says the fact that he is yet to be arrested and charged over the inciteful statements he is alleged to have made in relation to the NYS is proof of his assertions.