The Director of Public Prosecution (DPP) Noordin Haji has been directed to intervene and establish the people behind stolen witness statements in hate speech case detailing Gatundu South MP Moses Kuria.
According to Milimani Court Magistrate Kennedy Cheruiyot, an adjournment of the case was necessary to allow room for the prosecution to put things in order after it was reported that the witnesses statements were missing.
“I, therefore, grant the last adjournment to allow the prosecution to put their house in order by establishing who stole the statements,” said Magistrate Cheruiyot.
This follows the efforts by the prosecution in establishing how the police file was messed up hence leading to the missing statements.
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The prosecution was seeking to have three more weeks so as to establish how the police file was messed up and the witness statements rendered missing.
On November 25, 2015, Moses Kuria was charged for hate speech where he was accused of uttering and spreading malicious words that indicated desire to bring death and physically harm Kenyan people.
He said the words in Kikuyu that translated to, “If I get a person, you and that is why I said, you should come with your pangas, these pangas are not only for clearing, have you heard? A person like that you should slash and finish him.”
He allegedly uttered the words on June 26, 2015, while in Gatundu Stadium, Kiambu County.
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This is not the first time the vocal MP has found himself on the wrong side of the law.
He was charged afresh in July 2019, over the words he posted on his Facebook page that were allegedly castigating Raila Odinga and his wife Ida Odinga.
He was however acquitted with Chief Magistrate Francis Andayi ruling that the prosecution had failed to authenticate the source of the video.
The chief magistrate also faulted the prosecution for doing a shoddy job as they failed to get a reliable translator who was to get the real meaning of the words in the video.
The court also ordered the Sh300,000 that was posted as bail to be returned to him.
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