Gatundu South MP Moses Kuria to face incitement charges

Gatundu South MP Moses Kuria. "There is no future for us without forgiveness, so holding grudges against Hon Kuria and his ilk is not an option," Canon Omondi. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Efforts to settle the matter that had been filed by the Law Society of Kenya out of court failed.
  • The lawyer representing the MP had requested that the matter be settled outside court.
  • Although the LSK agreed to conciliation talks, it set out conditions which the Gatundu South MP was to meet before the process could be concluded.
  • LSK Chief Executive Appollo Mboya said they have resorted to court after Mr Kuria failed to meet them to discuss the conditions set out for conciliation.

Gatundu South MP Moses Kuria will now appear in court over incitement charges after efforts failed to settle the matter out of court.

A bond for Mr Kuria to appear before the Milimani chief magistrate’s court that was seen by the Nation wants the MP to answer charges of incitement to violence and ethnic contempt in contravention of the National Cohesion and Integration Act.

The case had been filed by the Law Society of Kenya (LSK). The Office of the Director of Public Prosecutions (DPP) had, through a letter dated November 20, 2014 and addressed to the LSK chief executive, indicated that the lawyer representing the MP had requested that the matter be settled outside court.

“I am a leader and I expressed my views in good faith. But with wisdom and understanding I have come to the realisation that the values and principles that unite us are for nationhood and national good.

“The Constitution contemplates a scenario where Kenyans can resolve their disputes through negotiation, reconciliation, arbitration and other forms of dispute resolution.

“I am ready and willing to participate in the conciliation process and to promote peaceful co-existence among our diverse communities,” wrote Mr Kuria in a letter to the National Cohesion and Integration Commission (NCIC).

LAMU KILLINGS

In July 2014, the DPP, in reference to Nairobi Milimani CMCC No. 904 of 2014, Republic versus Moses Kuria, had written to the NCIC to review whether statements made by Mr Kuria regarding the killings in Lamu constituted hate speech.

Although the LSK agreed to conciliation talks, it set out conditions that the Gatundu South MP was to meet before the process could be concluded.

According to the LSK, Mr Kuria was expected to issue a public apology through the social and print media.

Among the conditions set by the LSK were that the conciliation process should be "undertaken in public with members of the public being invited" to participate and that "the accused will meet the costs that include undertaking activities that will bring about cohesion in the country”.

LSK Chief Executive Apollo Mboya said the association had resorted to court after Mr Kuria failed to meet them to discuss the conditions set out for conciliation.