NAIROBI, Kenya, Dec 1 – The Facebook hate speech case against Gatundu South MP Moses Kuria was adjourned by trial magistrate Teresa Nyangene on Tuesday morning after it emerged that the accused was admitted to the Karen Hospital last Thursday.
His lawyer told the court that Kuria was discharged on Sunday but given a sick off for the next two weeks after which his health condition will be re-evaluated.
Nyangene therefore rescheduled the hearing of the case to January 12.
According to his lawyer, Kuria was hospitalised on Thursday, a day after Chief Magistrate Daniel Ogembo directed that he be remanded pending the determination of his application for bail in a second incitement to violence case.
The Gatundu South MP was on Wednesday last week charged for calling on his constituents to cut with machetes those opposed to National Youth Service projects.
Kuria having denied the charge, Ogembo finally released him on a Sh1 million cash bail on Monday.
Director of Public Prosecutions Keriako Tobiko a week ago directed that Kuria’s prosecution on the charge of inciting his constituents to cut those opposed to National Youth Service projects with pangas (machetes), “ensue immediately.”
Tobiko found that there was 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 the hate speech casing he’s facing for posts made on Facebook.