National Cohesion and Integration Commission (NCIC) wants MP jailed over remarks

Gatundu South Member of Parliament Moses Kuria faces arrest and prosecution over remarks he made in his constituency.

The National Cohesion and Integration Commission (NCIC) yesterday indicated it had began a process of having Kuria face criminal prosecution for his utterances in a video clip encouraging youth to attack people who oppose National Youth Service projects with machetes.

And yesterday, the Director of Public Prosecution Keriako Tobiko said he will move to court under a certificate of urgency next week to seek the cancellation of bail given to Kuria in a previous case of incitement. Tobiko ordered police to hasten investigation and forward the file for action. This came even as the Inspector General of Police Joseph Boinnet warned that no one is above the law.

NCIC Chairman Francis Kaparo said from the clip, the utterances made by Kuria were clear incitement to violence targeting Opposition supporters.

Kaparo said they would write to the police and the Director of Public Persecutions (DPP) Keriako Tobiko. The commission will also petition Chief Justice Willy Mutunga to intervene in another criminal case on Kuria pending before the courts to be expedited.

“Clearly, from what I saw on TV, Kuria was inciting the crowd against Coalition for Reforms and Democracy supporters, which is incitement to violence, but that is outside the purview of cohesion,” the NCIC boss said.

He added, “We are alarmed by the statement and I am writing to the Director of Criminal Investigations to consider charging the MP with breach of law and incitement to violence.”

Kaparo also said he is writing to the DPP to request him to go back to court to apply for a bond given to Kuria to be cancelled since he has now made ‘a more dangerous statement’ which disturbs public peace.

“These utterances in the opinion of the commission contravenes Section 96 of the Penal Code there by, requiring investigations from your end,” Kaparo’s letter to Boinnet and DCI Ndegwa Muhoro reads.

“I have not seen the clip in its entirety and so I can’t comment on details. However, I am warning that no one, I repeat no one, will be allowed to disturb public peace,” said Boinnet.

“Be warned, every right/freedom comes with an equal measure of responsibility. Your freedom of speech should not incite!” Kenya National Commission on Human Rights (KNCHR) wrote on its Twitter.

Makueni Senator Mutula Kilonzo (Jr) added: “The President should issue an order for Kuria to be charged for incitement to violence.”

Days after the clip emerged, Kuria remained defiant, insisting he won’t apologise. “What is worse?...What happened the other day in Kibera or what I am alleged to have said?”

Yesterday, Opposition leader Raila Odinga said the remarks of Gatundu South MP asking youths in his constituency to prepare to kill all those opposing the NYS project lends credence to his coalition’s concern that the Government has embarked on creating a militia out of the NYS and in various parts of the country as an insulation against defeat that looks certain in 2017.

In a statement through his spokesman Dennis Onyango, Raila said Kuria had the audacity to utter these words in the false belief that he enjoys immunity and impunity by being the President’s MP, being from the ruling coalition and being an associate of the President, who recently tasked him to mobilise MPs to support the nomination of Dr Monica Juma to a slot in the Cabinet.