A Nairobi court has deferred a plea-taking by Gatundu South Member of Parliament Moses Kuria (pictured) in assault case to January 24 at 2.00 pm.
The MP appeared at the Milimani Law Courts over an assault case but failed to take plea after his defence team successfully objected to the move citing an application he filed before Chief Magistrate Kenedy Cheruiyot on Friday.
In the application, the legislator argued that he was sued in a matter that he was already a complainant and faulted the security officers for defying court order for his release. His defence team, led by Dr George Khaminwa had earlier applied for anticipatory bail arguing that there was a plot to a re-arrest the legislator.
In their favour, Chief Magistrate Martha Mutuku has extended the MP’s bail and bond terms. The court has also granted the defence team’s plea that an application filed by the legislator be determined as he awaits to take a plea.
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Dr Khaminwa punched holes on the legality of the document that barred the release of MP Moses Kuria on Friday. He also argued that the charge sheet did not conform to the requirements of the law.
He told the court that the document was full of irregularities and went against the constitutional norms. For instance, he faulted the document’s reference to a tribe which he stated was contrary to the spirit of the Constitution.
He said: “When one commits an offence, why should we use tribe. We should refer to them as Kenyans. The word "sentence" should not be there as it contravenes the principle of innocence until proven guilty.”
“This document is not of the DPP. This document is from Kilimani Police Station.”
According to the lawyer, the document was not showing the power and authority of the Kenyan constitution but was of the old order and cannot be recognized by the 2010 Constitution.
Yesterday, Kuria’s lawyers led by Dr Khaminwa and Kandara Member of Parliament Alice Wahome opposed the reading of the charges.
They asked the court to listen to the legislator’s application where he complained against the Directorate of Public Prosecutions of being sued on an issue that was already a complainant.
The defence team also protested the State’s disobedience of court orders issued by Chief Magistrate Kenedy Cheruiyot on Friday after which Kuria was freed after he had paid police bond of Sh20,000 at Kilimani Police Station.
Dr Khaminwa had also sought to present plea till a case against defied court orders were determined.
However, Chief Magistrate Martha Mutuku ruled that it was not prejudicial to take plea reasoning that such was before another court.
The defence team also sought to have Kilimani OCPD and OCS appear in court for defying the court order but the plea was denied since it was before another court.
The court session had to be adjourned and Kuria’s bail term extended as he awaited to take a plea.
The MP was arrested on Friday and taken to Kilimani Police Station to record a statement over the assault.
He was detained at the police station ad later released on Saturday evening after depositing Sh20,000 at the station.
MPs allied to Tanga Tanga political faction protested his detention at the police station forcing the anti-riot police to teargas them from the station.
Kuria is reported to have assaulted Joyce Wanja alias Wagichungumwa at Royal Media Services Studios where the two met to discuss the Building Bridges Initiative (BBI) report.
Wanja, an activist, who works as a media commentator claimed that the Gatundu South MP descended on her with kicks and blows while she was in her line of duty preparing to go on air for Inooro TV Kirîrîmbi show.
According to Wanja, Kuria assaulted her after she had asked him to retract some of the statements he had made against women at a function to help orphans in Kiambu in the presence of children.
Kuria had allegedly accused women of wearing smelly panties. He also said most of the women were whores who could be bedded anywhere without shame.
“Whatever he said about women was demeaning and the remarks were made in the presence of children, that is why I told him to rethink and retract them, but instead he attacked me,” she said in a video that has now gone viral.
Wanja pleaded with the Director of Public Prosecutions (DPP), the Directorate of Criminal Investigation (DCI) and the police to ensure she got justice.
She said even after reporting the matter to the police, no action has been forthcoming, saying if not punished, the MP would make it a habit of abusing and assaulting women.
“It is now weeks since I was assaulted yet no action has been taken against Kuria. Is it because I am too small or I don’t have money? The DCI and DPP must help me get justice,”
Wanja, recorded a statement at the Kilimani Police Station where she says she can only hope Moses Kuria is not too mighty for justice to be ensured.
[Additional reporting by Mireri Junior]