'I, therefore, grant the last adjournment to allow the prosecution to put their house in order by establishing who stole the statements'
Image: FILE
The DPP has been directed to establish who stole witness statements in the hate speech case against Gatundu South MP Moses Kuria by mid-January.
The directive by the Milimani court on Monday came after the prosecution sought three more weeks to establish how the police file was messed up with.
“I, therefore, grant the last adjournment to allow the prosecution to put their house in order by establishing who stole the statements,” magistrate Kennedy Cheruiyot said.
On November 25, 2015, Kuria was charged at the Nairobi court for 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 is said to have committed the offence on June 26, 2015 at Gatundu Stadium in Gatundu town within Kiambu county.
In July this year, the MP was charged afresh with incitement. He denied the charges.
On August 2, 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 of 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 (the razorblade is the same one). Wangige and Kiambu people are seething with anger. One million of their votes were canceled by four people," Kuria's post read.
edited by p.o