A Milimani court will on January 24 rule on whether Moses Kuria’s charge sheet is legally defective or not.
Kuria's lawyer John Khaminwa sought to have the plea pushed to a later date, claiming that the charge sheet particulars were insufficient.
“I need time to consider the objection raised by Kuria's lawyer Khaminwa over the validity of the charge sheet,” magistrate Martha Mutuku said.
Khaminwa said that the particulars in the charge sheet against the MP were in breach of and inconsistent with legal provisions of the Constitution.
The court also heard that the assault charge did not contain the weapon used or what part of complainant Joyce Wanja Gacie’s body was assaulted.
Further, the lawyers said that the Constitution barred the police from prosecuting criminal cases hence the sheet before the court should not contain their rubber stamp.
“The plea in this matter must be postponed as there is no proper charge sheet. The one filed in court is inconsistent,” Khaminwa said.
The lawyer said that the plea should be deferred since there are also constitutional issues at stake over violation of the MP's fundamental rights.
However, the prosecution through Jacinta Nyamosi said that issues being raised by the defence had already been determined by the court on Monday.
She added that the magistrate's court lacks jurisdiction to entertain the application by Kuria on the violation of fundamental rights.
“If Kuria was aggrieved by Monday's court decision he was at liberty to move a higher court. There is no stay order or an appeal suspending the plea taking," Nyamosi said.
Kuria is out on a Sh20,000 police bond and Sh50,000 court bond pending plea taking for physically assaulting Gacie at the Royal Media Services premises on December 8 last year.
The lawmaker was released from the Kilimani police cells on Saturday at 7pm after he deposited the Sh20,000.
The vocal legislator spent Friday night behind bars despite the court directing that he be released.
