Moses Kuria accuses Tobiko of playing politics with his case

Gatundu South MP Moses Kuria. FILE PHOTO |

What you need to know:

  • Mr Kuria says he is being targeted because he holds an elective office, and if he were a boda boda operator, “none of this drama” witnessed in court would have unfolded.
  • Lawyer Danson Mungatana for Mr Kuria told a Nairobi court that there are “extraneous forces” exerting pressure on the DPP to have his bail cancelled.
  • While making submission during the MP's preliminary objection to Mr Tobiko's request, Mr Mungatana said the DPP was being driven by “ulterior motives.”

Gatundu South MP Moses Kuria, who is facing charges of incitement to violence, hate speech and ethnic contempt, has now accused public prosecutions boss of playing politics with his case.

Mr Kuria on Monday said he was being targeted because he holds an elective office, and if he were a boda boda operator, “none of this drama” witnessed in court would have unfolded.

Lawyer Danson Mungatana for Mr Kuria told a Nairobi court that there are “extraneous forces” exerting pressure on Director of Public Prosecutions (DPP) Keriako Tobiko to have his bail cancelled.

While making submissionssduring the MP's preliminary objection to Mr Tobiko's request, Mr Mungatana said the DPP was being driven by “ulterior motives.”

MURDEROUS GANG

“There is no murderous gang the accused controls, neither does he intend to spark off a genocide like what happened in Rwanda,” Mr Mungatana said.

If Mr Kuria was not an elected MP, he said, he would not have been in court in the first place, much less the subsequent application seeking to strip him of bail.

“None of this drama would not be seen if he was not holding an elective post. There is no way this application would have been before court if the accused was a boda boda operator,” the lawyer said.

He called on the DPP to avoid "sideshows" and wait to argue his case during the hearing on September 11.

"It is an attempt to cause the accused to appear guilty before trial,” the lawyer said.

PUBLIC INTEREST

But in a rejoinder, State counsel Leornard Maingi told the court that the words Mr Kuria uttered to the “effect that some people be attacked with pangas” were inflammatory enough to spark violence.

“Remember Pangas and machetes were the weapons of choice in the genocide in Rwanda,” Mr Maingi said.

The prosecutor said Mr Kuria's utterances may form the basis of a separate criminal case once investigations are complete but in the meantime he should be locked up “as he may continue with the same conduct.”

“He abused a concession which he had been granted and the public interest and safety should be taken into consideration as this matter is determined,” the prosecutor said.

SPEEDY TRIAL

Mr Maingi said the DPP's request had been provoked “essentially” by the words the politician uttered, which amount to incitement.

"We cannot allow a situation where crimes will continue to be perpetuated while the accused is out on bail,” he said.

But Mr Mungatana said there was an attempt by the prosecution “to create its own terms for bail and an apparent move to deny Mr Kuria his rights to speedy trial.”

A similar attempt by Mr Tobiko to strip Mr Kuria if his bond was rejected on April 27..