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Moses Kuria wants Safaricom compelled to provide Mboya's phone records

By Peace Loise Mbae | October 6th 2015

Gatundu South MP Moses Kuria wants a prosecution witness's phone records produced in court.
Kuria made an application in court yesterday, seeking orders compelling Safiricom Limited to table in court Law Society of Kenya's Chief Executive Officer, Mr Apollo Mboya's phone record.
The application was made on grounds that Mboya was the first witness in his hate speech case.
Kuria through an application made at the Milimani Law court said the case cannot proceed until the records are submitted since they are the basis of the defense' cross examination.
Mboya was recalled to the witness stand after Kuria's defense team through Lawyer Danson Mungatana said they were not through with questioning him.
Mungatana said Mboya had failed to convince the court that he raised the incitement concerns from public outcry.
Mungatana dismissed claims that LSK had received complaints from the members of public, saying no evidence had been presented of the alleged phone calls that were made.
"Your honour Mr Mboya has not proved that he indeed received phone calls from the public asking him to act on the alleged utterances by my client. It is clear that he acted on his personal capacity," he said.
However, Principal Magistrate Teresiah Nyangena said no decision could be made since the court had not looked at the application.
Ms Nyangena allowed adjournment of the matter to give the Director of Public Prosecution Keriako Tobiko time to respond.

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