Gatundu South MP Moses Kuria has been restrained from making comments on social media about the Mandera attack.
The
order was sought by the prosecution when Mr Kuria appeared for the
mention of a hate speech case against him, arising from comments he
allegedly made on social media about the Gikomba terrorist attack in
Nairobi that killed 10 people in May.
A new hashtag on
Twitter, #killyourown, which the prosecution had linked to the MP, was
presented in court as new evidence in a similar hate speech case that
the prosecution said was under investigation.
WARNED AGAINST FURTHER COMMENTS
According
to the prosecution, the hashtag borders on incitement to violence and
criminality and its originator and commentators, among them the MP, have
now been warned against making further comments on it.
However
the MP’s lawyer, Mr John Mburu, defended him, saying he was not the
originator of the controversial hashtag and that he was exercising his
rights by contributing to a matter of public interest.
The
case against the MP over the Gikomba remarks may be withdrawn once he
reaches an amicable out-of-court settlement with his accusers, National
Cohesion and Integration Commission (NCIC).
The
court was told that the MP was about to reach a settlement with NCIC
and the Director of Public Prosecutions (DPP) once he complies with
three condition set for the agreement.
The conditions that Mr Kuria must meet includes going public with an apology over the remarks he is accused of making.
He
is also required to convene a “stakeholders” meeting to bring together
members of the NCIC, the Law Society of Kenya, and representatives from
the DPP’s office where he will be expected to answer some questions.
He is expected to then recant the statements he is accused of making.
The MP has also been told “to bear the cost of the apology” by footing the bills at the proposed conciliatory meeting.
“We
received a letter from the DPP, which has the conditions and which my
client is ready to abide by with a view of having the case withdrawn,”
lawyer Mburu told the trial magistrate, Mr Enock Cherono.
WENT AGAINST BAIL TERMS
However,
a prosecutor said the MP had indulged in similar hate speech by
recently posting his opinions under the hashtag #killyourown “which
amounts to contempt of court since a restraint order had been issued
against him as a condition for his bail terms.”
“It
also amounts to subversion of justice...and we seek a fresh order
against him to stop making similar comments,” prosecutor Nicodemus
Maingi said.
The court ruled that the
sentiments of #killyourown were provocative and warned the MP to desist
from associating himself with the hashtag.
“You
are a honourable Member of Parliament, which gives you the right forum
to express your views. We do not expect you to associate with the social
media comments unless you want to become the subject of a fresh
charge...”the magistrate said.
The hate speech case against the MP will be mentioned on January 15.
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