Witness in Kuria incitement case recalled

A court has allowed the prosecution to recall a witness to clarify hate remarks an MP allegedly posted on Facebook.

Nairobi Senior Principle Magistrate Teresiah Nyangene yesterday said the court had jurisdiction to recall a witness for further cross-examination provided Gatundu South MP Moses Kuria's defence did not suffer any prejudice.

"The prosecution has not yet completed their case and thus they have the right to recall the witness for further cross examination," said Ms Nyangene, adding that the defence would also be allowed to ask for any clarification from the witness. The Director of Public Prosecutions Keriako Tobiko had applied to recall a key witness for further cross-examination. The DPP told the court he wanted an analyst who testified earlier, to table a crucial document that forms the prosecution's case.

Mr Kuria is accused of making inciting remarks on his Facebook page targeting a certain community. The MP is accused of linking the Gikomba terrorist attack last year to a certain community. Mr Tobiko through his assistant Leonard Maingi, said the evidence he intended to present was important and would not prejudice the defence's case.

"It is in the interests of justice that this court allows us to recall the witness," Mr Maingi said.

Kuria's lawyer Danson Mungatana opposed the application, terming it as a delaying tactic.

"What the DPP is seeking is to reopen the case and introduce new evidence at the same time. We are strongly opposed to the application and we urge the court to reject it," said Mr Mungatana. The case will be heard on May 16, 17 and 18.