Keriako Tobiko asks court to strip Moses Kuria of bail

Director of Public Prosecutions Keriako Tobiko wants a Nairobi court to cancel the bail it granted Gatundu South MP Moses Kuria in a hate speech case.

Mr Tobiko, through Senior Deputy Director of Public Prosecution Nicodemus Maingi, on Wednesday accused Mr Kuria of breaching the terms of the Sh2 million bail.

The court had asked Mr Kuria not to post more hate messages on his social media accounts and Mr Maingi said the lawmaker had disrespected the order.

He told trial Magistrate Enock Cherono that the MP had been posting offensive messages particularly against one community on Twitter and Facebook.

ETHNIC CONTEMPT

“The statements of the accused person amount to ethnic contempt as contemplated by Section 62 (1) of the National Cohesion and Integration Commission Act,2008,” Mr Maingi said.

The court heard that Mr Kuria has in the past made reference to the cultural practice of non-circumcision in a derogatory manner to demean people from the Luo community.

Mr Kuria has denied three counts of incitement and hate speech.

He denied that on May 16, 2014, he posted message saying: “I think it is only a matter of time before Kenyans start violence against perceived (sic) terrorists, their sympathizers, their financiers and those issuing travel advisories without intelligence. I am not sure I will not be one of those Kenyans. When you touch Gikomba, the nerve centre of our economic enterprise, you really cross the line. Brace yourself. Choices have consequences.”

HATE SPEECH

The messages, according to the prosecution, amount to incitement, hate speech and ethnic contempt.

Mr Maingi fought Mr Kuria's claims that there is a “reconciliation process” going on between the Law Society of Kenya and the National Cohesion and Integration Commission for an out-of-court settlement.

The prosecutor said Mr Tobiko's office is not a party to the reconciliation proceedings.

The court will rule on April  27.