Prosecutor: Kuria’s words were calculated to bring death
Kabete MP Ferdinand Waititu (left) and his Gatundu South counterpart Moses Kuria appear before a court in Nairobi on October 3, 2016 for the hearing of their incitement to violence cases. Prosecution wants Mr Kuria to be found guilty of incitement. PHOTO | PAUL WAWERU | NATION MEDIA GROUP
What you need to know:
- Mr Ondimu said the words were wisely chosen and crafted to target certain communities.
- Mr Mungatana said the name “Odhiambos” did not refer to a community but was family name.
The Director of Public Prosecutions on Friday asked a magistrate to find Gatundu South MP Moses Kuria guilty of ethnic contempt, incitement to violence and hate speech.
And the MP’s fate will be known on December 9 when a judgement will be delivered.
State prosecutor Duncan Ondimu told the magistrate that the State had evidence to prove that Mr Kuria posted in his Facebook account messages which were “calculated to cause ethnic contempt among three ethnic communities”.
“Evidence tendered before this court shows that the messages emanated from the Facebook accounts which he (Kuria) controlled. He has even admitted in court that he had created these accounts then closed them,” said the prosecutor.
Mr Ondimu said the words were wisely chosen and crafted to target certain communities.
He asked the magistrate to refer to the three messages over the terrorist attack in Gikomba where several people were killed and business premises worth hundreds of millions was destroyed.
According to the prosecutor, Kuria’s message: “Brace yourself. Choices have consequences and Kofia we will kill you,” was calculated to bring death and physical injury to certain people.
On the second and third count, the MP is accused of saying “It’s not the Somalis throwing grenades but it’s Odhiambos”.
The magistrate was urged to find that the words of Mr Kuria were crafted “by one who is skilled in the art of words to excite the Somalis, Kikuyu and Luo communities”.
Mr Ondimu was responding to the defence evidence by Mr Kuria that the prosecution had “flatly and blatantly” failed to prove the case against him.
The prosecutor urged the court “to find that the DPP has proved the case against the accused and find him guilty for the offence of incitement to violence, ethnic contempt and hate speech”.
Lawyer Danson Mungatana, who led Mr Kuria’s defence, said the prosecution’s evidence does not prove a case against the accused whose postings in the Facebook accounts were “personal expressions not meant to excite anyone into violence”.
Mr Mungatana said the name “Odhiambos” did not refer to a community but was family name.
“Considering the totality of the evidence tendered by the prosecution, the court is left with no other option but to acquit the accused herein,” said Mr Mungatana.
Mr Kuria has denied the charges and is out on bond.
