Gatundu South MP Moses Kuria Acquitted Over Hate Speech Charges

Gatundu South lawmaker Moses Kuria has been acquitted of hate speech case by a Milimani Court.

The court has referenced his case to those of former Machakos Senator Johnston Muthama and Makadara Member of Parliament (MP) George Aladwa who were also acquited.

Additionally, in December last year, the witness statements, in this case, were reportedly stolen, with the Director of Criminal Investigations (DCI) called to intervene and investigate the circumstances under which they disappeared.

According to the Magistrate Kenneth Cheruiyot, the case has been thrown out in reference to section 29 of the constitution which accounts for the freedoms and security of a person.

Read: Gatundu South MP Moses Kuria Speaks After Being Violently Ejected From BBI Forum In Kitui

In February, the High Court declared section 96 of the constitution unconstitutional thus rendering proceedings of the court improper.

Led by a three-judge bench constituting of Justice Jessie Lessit, Luka Kimaru and John Mativo, it was established that Section 96(a) is unconstitutional since it shifts the legal and evidential burden of proof to an accused person from the prosecution.

Last month, Muthama and Aladwa had their hate speech cases withdrawn.

Read Also:Moses Kuria Charged With Assault, Causing Bodily Harm

Chief Magistrate Francis Andayi made the ruling based on section 96(a) of the penal code that was rendered unconstitutional.

Muthama was in 2015 accused of making inflammatory utterances during a Coalition for Reforms and Democracy rally at Uhuru Park.

On the other hand, Aladwa’s case details the accusations based on hate speech remarks in Kibera on Mashujaa Day in 2015.