Moses Kuria urges court to dismiss bail cancellation bid by DPP

Gatundu South MP Moses Kuria at Milimani law courts Nairobi where he appeared for the hearing of an application filed by the Director of public prosecution (DPP) seeking for the cancellation of his bail pending hearing and determination of his incitement to violence case. (Photo: David Njaaga)

Gatundu South MP Moses Kuria has asked a Nairobi court to dismiss an application seeking the cancellation of his bond over alleged incitement remarks.

The Director of Public Prosecutions wants the bond cancelled for what he calls breach of a "conciliation pact" when he allegedly incited youths in his constituency to attack and "slash" politicians opposed to the National Youth Service projects.

As a condition for his release pending trial, the Gatundu lawmaker had been restrained from making statements that amount to incitement to violence and ethnic hatred. This relates to the case where he is accused of making incitement remarks over the Gikomba Market terror attack.

Kuria's lawyer Danson Mungatana Monday urged the court not to cancel the Sh2 million bond, saying Kuria had not acted in a manner that insubordinates the court. Mr Mungatana said the prosecution was being driven by extraneous factors and circumstances.

He pleaded with court not to cancel Kuria's bail on grounds that a trial on February 16 dismissed a similar application and nothing had changed since then.

Mungatana said the primary issue for the court to consider was whether Kuria could attend court whenever required.

"The accused person has at all times obeyed and lived under the conditions of the court pending hearing and determination of his case. I therefore submit that this court should ensure that the trial is not jeopardised or interfered with," he said.

Mungatana said in the event that the trial was likely to be interfered with, the court could vary the bond terms instead of cancelling. He said his client was not a threat to the two witnesses who are lined up to testify in the case, adding that it is only terrorism suspects who can be denied bail.