, NAIROBI, Kenya, Nov 23 – Director of Pubic Prosecutions Keriako Tobiko has directed that Gatundu South MP Moses Kuria’s prosecution, “ensue immediately,” for inciting his constituents to cut those opposed to National Youth Service projects with pangas (machetes).
Tobiko has found that there is sufficient evidence to sustain the charge of incitement of violence against Kuria.
“The National Cohesion and Integration Commission has recommended that Kuria be charged with the offence of incitement to violence contrary to Sec 96 (a) of the Penal Code. Upon independent review, the DPP is satisfied that the evidence on the file is sufficient to sustain the recommended charge,” a statement from his office reads.
Videos uploaded on Youtube show Kuria, following the destruction of NYS projects in Kibera, telling those members of his constituency in the NYS not to restrict themselves to slashing overgrowth with their pangas but as his militia, slash those opposed to the then Anne Waiguru spearheaded NYS projects. “Huyo mtu wa vitendawili alisema NYS ni militia ya Jubilee. Hapa Gatundu nyinyi ni militia yangu. Hakuna mchezo. Kata mtu kama mtakata.”
“The former Vice-President cannot stand up and say State House is showing public affection to a Cabinet Secretary and not expect a response,” Kuria said in his defence to Citizen TV reporter Francis Gachuri.
Kuria also went on record as saying he had no regrets before later claiming that his statements were taken out of context through malicious video editing.
At the time former Vice-President Kalonzo Musyoka and his Coalition for Reforms and Democracy co-principal Raila Odinga were calling for Devolution Cabinet Secretary Waiguru to, “step aside,” over a conspiracy to steal from the NYS.
By inciting his constituents to violence, the Office of the DPP argued in August, Kuria violated the terms of his release on bond in a hate speech casing he’s facing for posts made on Facebook.
The Office of the DPP therefore sought and failed to have it revoked.
In her ruling, Trial Magistrate Teresia Nyangena said she could not deny Kuria his freedom on the basis of hearsay.
Machakos Senator Johnson Muthama and former Mayor George Aladwa have also been charged with incitement to violence for statements they made during the September teachers’ strike and on Mashujaa Day respectively.
Muthama and Aladwa have however challenged the legality of the charge saying it’s unconstitutional to place the burden of proof on the defendant.