NAIROBI, Kenya, Nov 6 – A Nairobi Court will next week on Friday determine a suit where Gatundu South MP Moses Kuria is seeking orders to compel a leading telecommunication service provider to produce phone records of Law Society of Kenya (LSK) Secretary Apollo Mboya in court.
Trial Magistrate Teresia Nyangena made the ruling when hearing an application by Kuria against Safaricom Limited.
Kuria’s lawyer Danson Mungatana explained they are seeking the orders after Mboya in his testimony claimed he received phone calls from about four advocates complaining about comments he made on May 16, 2014 on his Facebook page.
State Counsel Leonard Njagi urged the court to dismiss the application arguing a procedural technicality should not be used to defeat the course of justice.
“The application is completely misconceived and has no basis .The Constitution does not grant the court powers to order production of evidence needed by third parties,” he added.
Njagi argued that the material being sought by the MP will not aid the court in anyway.
Kuria wants the telecommunication company ordered to produce Mboya’s phone records for that day between 7pm and midnight.
Mboya was the first prosecution witness in the case in which Kuria has since denied charges of hate speech.
Kuria argues that his defense team needs the phone records from Safaricom Limited in order to prove that Mboya’s allegation were false.