- Senior principal magistrate Kenneth Cheruiyot says case before him not a simple matter to terminate
- Says he needs more time to consider serious issues raised before making a ruling
A Milimani court has said it needs more time to consider the acquittal of Gatundu South MP Moses Kuria in a hate speech case.
Senior principal magistrate Kenneth Cheruiyot said the case before him is not a simple matter to terminate.
“I therefore need time to consider serious issues raised before I make a ruling. I ask for more time to consider the various issues raised in the application”, Cheruiyot said.
He added that he had seen the ruling of the High Court which had been cited in Kuria’s application and he needed to conduct proper research since it was voluminous.
“We need to consider that there is increase of incitement to violence cases especially propagated by people in politics. The matter is critical and needs time”, the magistrate said.
The court will make its ruling on March 12.
In the case, Kuria wants the court to acquit him on the grounds that Section 96 was declared unconstitutional by the High Court.
Kuria has filed an application arguing that the High Court made a decision last month that rendered the proceedings at the lower court improper.
“We request the court to adopt the decision by the High Court until the Attorney General makes a determination on how to remedy that section,” lawyer Geoffrey Omenke said.
Omenke said the magistrate's court did not have jurisdiction to continue with the incitement to violence case against Kuria following the High Court decision.
The prosecution opposed Kuria’s application, saying there was no acquittal.
It further argued that the High Court granted the AG one year to operationalise that decision.
They argued the case was stale and that they did not know why the accused wanted it used for his acquittal.
On November 25, 2015, Kuria was charged with uttering words which indicated it was desirable to bring death and physical injury to persons in Kenya.
He is said to have said the words in Kikuyu language.
“If I get a person, you, and that is why I said you should come with your pangas. These pangas are not only for clearing, have you heard? A person like that you should slash and finish him,” the MP allegedly said.
Kuria is said to have committed the offence on June 26, 2015 at Gatundu stadium in Gatundu town, Kiambu county.
Last July, the MP was charged afresh with incitement. He denied the charge.
On August 2 last year, a different Milimani court dismissed incitement charges against Kuria, saying the MP had no case to answer.
The charges stated that on September 5, 2017, at Wangige market in Kiambu county, Kuria used abusive words that were intended to cause physical injury to a person.
In his ruling, chief magistrate Francis Andayi said the state evidential video clip was sourced from social media and no evidence was used in the mainstream media.
It was the third time Kuria was being acquitted for the same offences.
He was accused of uttering abusive words toward Nasa leader Raila Odinga and his wife Ida.
Kuria is said to have posted on his Facebook account words implying they were ready for another election but that they will hunt down people who did not elect President Uhuru Kenyatta.
"Kiambu has spoken. They have said wembe ni ule ule (it is the same razor blade). Wangige and Kiambu people are seething with anger. One million of their votes were canceled by four people," Kuria's post read.