The court will rule whether Section 96 will be declared unconstitutional in the acquittal of Gatundu South MP Moses Kuria in the hate speech case against him.
This is after Kuria filed an application arguing that the High Court made a decision last month that has rendered the proceeding 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 Court did not have a jurisdiction to continue with the incitement to violence case against Kuria following the High Court decision.
According to Omenke, the High Court declared Section 96 (a) unconstitutional.
The prosecution opposed to Kuria’s application, saying there was no acquittal and that it is itself stale.
It further argued that the High Court granted the AG one year to operationalise that decision.
They argued the case is stale and that they do not know why the accused wants it used for acquittal.
The prosecution requested three weeks to respond to that application.
Kuria had argued that the prosecution is delaying the case because the prosecution had said that they have lined up 8 witnesses and only one was available in court yesterday.
The ruling will be delivered today.
