DPP wants Moses Kuria arrested for breaching hate speech pact
The Director of Public Prosecution now wants Gatundu South MP Moses Kuria’s bail terms cancelled for breaching a conciliation pact.
The bail terms were granted on condition that Mr Kuria ceases to post hate messages on social media.
A trial court where the MP faces three charges of incitement and ethnic contempt was on Tuesday told that the politician had since breached the accord and spewed fresh hate messages on his Facebook page.
An out of court settlement negotiated by the National Commission of Integration and Cohesion (NCIC) could have seen charges of hate speech and incitement facing the legislator in a Nairobi court dropped.
Mr Robert Mabera of NCIC, in a sworn affidavit presented through the public prosecutor’s office, reminded the court that the politician had been restrained “from making statements that amount to incitement to violence and ethnic hatred pending the outcome of the proposed out of court settlement of the case.”
In the case, Mr Kuria is charged with linking the Gikomba terrorist attack to members of a certain ethnic community.
“Despite the court order, the accused on January 11 posted content to his Facebook referring to a Bible verse Genesis 17:14, a verse referring to the cultural practice of circumcision, ”Mr Mabera said.
The prosecution has annexed a forensic print out of the face book page as an exhibit in the application seeking the cancellation of bond.
He said the statements the politician have been posting amount to ethnic contempt as contemplated by Section 62 (1) of the NCIC Act 2008.
“The state now seeks that bail granted to the accused be cancelled,” the prosecution said.
Mr Kuria secured his freedom after depositing a cash bail of Sh 2 million after denying a charge of incitement to violence, hate speech and ethnic contempt last year.
The court was on Tuesday told that parties have been “ negotiating” to have the case settled out of court but “immediately after the last meeting the accused posted similar messages amounting to ethnic hatred” rendering the process a futility and that the DPP now wants the case heard to a comprehensive conclusion.