• The DPP made the request after investigating officers claimed that eight witnesses had already indicated they were not ready to testify in the case.
• They said there was a need to introduce new witnesses.
The office of Director of Public Prosecution has asked the court to compel witnesses to testify in the hate speech case against Gatundu South MP Moses Kuria.
The DPP made the request after investigating officers claimed that eight witnesses had already indicated they were not ready to testify in the case.
“Three witnesses wrote letters indicating they are not ready to testify yet their evidence is crucial to this court. We are seeking the court to compel them to come and give evidence,” the prosecution said.
On December 9 last year, the DPP was directed to establish who stole witness statements in the hate speech case by mid-January this year.
The court heard yesterday that the statements had been found at the National Cohesion and Integration Commission offices after a mistake in the filing.
They said there was a need to introduce new witnesses. But the defence opposed the move.
“In this case, we seek the court not to allow the prosecution to introduce new witnesses at this stage,” the defence said.
Milimani magistrate Kennedy Cheruiyot, however, allowed the prosecution to introduce new witnesses and adjourned the matter.
In November 25, 2015, Kuria was charged in a Nairobi court for uttering words which indicated it was desirable to bring death and physical injury to persons in Kenya. He reportedly said the words in Kikuyu.
The MP is said to have committed the offence on June 26, 2015 at Gatundu Stadium in Kiambu county.
In July last year, the MP was charged afresh with incitement. He denied the charges.
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 of the same offences.