- I have been taken to court several times over similar issues and I have won all the time - Kuria.
- NCIC needs to have a legal framework in place to help it execute its mandate
Two MPs have dismissed the move by NCIC to summon 10 MPs over the chaos that rocked last Thursday’s by-elections as a waste of time.
Gatundu South MP Moses Kuria and his Embakasi Central counterpart Benjamin Gathiru said NCIC would not achieve anything with the summons.
“The summonses are not helpful. I have been taken to court several times over similar issues and I have won all the time. NCIC needs to have a legal framework in place to help it execute its mandate,” Kuria said.
The legislators are expected to appear before the commission on Monday to shed light on the roles they played during the chaos witnessed during the elections.
In March 2020, Gatundu South MP Moses Kuria was acquitted of hate speech case on grounds of unconstitutionality.
Kuria was on November 25, 2015, charged with uttering words indicating that it was desirable to bring death and physical injury to people in Kenya.
Milimani magistrate Kenneth Cheruiyot said the basis of the charges was unconstitutional, citing a higher court ruling.
He said the MP should have been required to provide his innocence —not the state to prove his guilt. The burden of proof must rest with the State, the High Court had ruled.
On August 2, last year, a different Milimani court dismissed another incitement charge against the MP, saying he had no case to answer.
The accusation was that on September 5, 2017, at Wangige market in Kiambu, Kuria used abusive words intended to cause physical injury.
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 for the similar offences.
On Sunday, Kuria said summons should be the last resort for the NCIC. “NCIC should perhaps convene a meeting with leaders to establish the underlying issues,” he explained.
Gathiru accused the NCIC of issuing summons selectively. “There are people who have been going round the country uttering very inciteful statements but nothing has been done because they are friendly to the system,” he stated.
The two MPs said it was time to disband the commission since, they claimed, it had failed to execute its mandate.
“This commission is just a waste of public funds. It should be disbanded immediately because it is achieving nothing,” Kuria said.
Kakamega Senator Cleophas Malala and MPs Gladys Wanga and Aisha Jumwa are among 10 lawmakers who have been summoned by NCIC for questioning over the violence that rocked Thursday’s by-elections across the country.
Others are MPs Faisal Bader (Msambweni), John Waluke (Sirisia), Ben Washiali (Mumias East), Chris Wamalwa (Kiminini), Charles Were (Kasipul), Fred Kapondi (Mt Elgon) and Nominated Senator Millicent Omanga.
The commission promised to ensure those found culpable go to jail and are never allowed to occupy public office again.
"I will ensure that you are in jail and as you wait to go to jail, I will put you out of leadership of this country," NCIC chair Samuel Kobia said.