• The anticipated charges had also not been challenged by his lawyers.
Image: FAITH NYASUGUTA
Gatundu South MP Moses Kuria will plead to assault charges on Tuesday after the court dismissed his application to defer plea-taking until a related matter is heard in a separate court.
Kuria is accused of assaulting a woman at the Royal Media Services premises in December last year.
The two had beeen invited to discuss BBI.
Kuria's request to defer plea-taking was to allow him time to get advice from his lawyers, a matter the prosecution objected.
Chief Magistrate Martha Mutuku said there would be no prejudice if the legislator took plea on Tuesday.
The anticipated charges had also not been challenged by his lawyers.
"I find that no prejudice will be occasioned if Kuria takes plea as he has other avenues to address his issues on violation of his fundamental rights," Mutuku said.
Senior Counsel John Khaminwa, however, said Kuria was not ready to take plea as an order given by magistrate Kennedy Cheruiyot to release him on Friday was disobeyed by the police.
He also said Kuria had deposited a further Sh20,000 bond even after Cheruiyot ordering his release on Sh 50,000 anticipatory bail.
“We ask this court to defer plea-taking as this matter touches on issues of abuse of criminal process and defying of court orders,” Khaminwa said.
He then told the court how despite his effort to have Kuria released from the cells, police refused and instead said that they were under instructions from authorities.
“The police told me that they were not in a position to help me as their hands were tied, yet we had a court order,” he added.
Kuria was released from the Kilimani police cells onst Saturday at 7pm after he deposited Sh20,000 to secure his freedom.
The vocal legislator spent Friday night behind bars despite the court directing that he be released.
"It is dishonourable for the DPP to violate the rights of an accused person and still prosecute the person," the defence said.
While in court, Kuria claimed to have received threats from the Kilimani Division OCPD after his arrest.
Kandara MP Alice Wahome, one of Kuria's lawyers, also claimed she received similar threats.