‘Missing’ evidence in Moses Kuria case to be presented

Gatundu South MP Moses Kuria at Milimani Law Courts on January 28, 2020 during the hearing of his incitement to violence case. PHOTO | NATION MEDIA GROUP

What you need to know:

  • In a video clip, the MP was captured telling machete-wielding youth dressed in NYS regalia to attack people opposed to the NYS projects.

  • But the court noted that for the State to prosecute the case to conclusion, all the evidence should be tabled in court.

Former National Youth Service Director General Nelson Githinji is among eight people who will testify against Gatundu South MP Moses Kuria in a criminal case in which he is charged with incitement to violence.

Milimani senior principal magistrate Kennedy Cheruiyot has summoned Mr Githinji together with Kiambu County executive committee member Michael Karanja to appear before the court on February 17.

ATTENDED MEETING

Others summoned to testify against the MP include senior chief Joseph Njiraini, Stima Rahisi Kiambu coordinator George Muhia, Boniface Wanyoike, Inspector Andolo (Murang’a), and Kiambu residents Susan Maina and Patrick Ngwiri.

The witnesses are said to have attended a meeting at Gatundu Stadium on July 26, 2015, in which Mr Kuria was reported to have incited the National Youth Service (NYS) youth to violence.

In a video clip, the MP was captured telling machete-wielding youth dressed in NYS regalia to attack people opposed to the NYS projects.

CLEAR BUSHES

The youth had been hired through the NYS to help to clear bushes around a river in Gatundu, which had been a hideout for illicit brewers.

Mr Kuria, who was arrested after the National Cohesion and Integration Commission (NCIC) petitioned the Director of Public Prosecution (DPP) to have him arraigned over the remarks, has since denied the charges saying he was quoted out of context.

On Tuesday, the magistrate issued the summons after allowing Mr Kuria’s application to either have the witnesses testify or their evidence recorded by police discarded.

The court heard that the case had been handed over to a new investigating officer who discovered that the statements of the eight witnesses were not in the file.

PROSECUTION

Through lawyer Francis Munyororo, the MP question whether the prosecution was allowed to introduce the evidence of such witnesses in the trial.

But the court noted that for the State to prosecute the case to conclusion, all the evidence should be tabled in court.

Hearing is set to continue on February 17 and 18.