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New twist in Moses Kuria's hate speech case

By Peaceloise Mbae | October 7th 2015
Gatundu South MP Moses Kuria

Gatundu South MP Moses Kuria now wants a prosecution witness’ phone records produced in court.

Mr Kuria wants Safaricom compelled to table in court Law Society of Kenya Chief Executive Officer Apollo Mboya’s phone records. The application, filed Tuesday, was made on grounds that Mr Mboya was the first witness in the hate speech case.

Kuria through his lawyer Danson Mungatana 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 said they were not through with questioning him. Mr 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 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 in his personal capacity,” he said.

However, Nairobi Principal Magistrate Teresiah Nyangena said no decision could be made since the court had not looked at the application. Ms Nyangena adjourned the case to give the Director of Public Prosecutions time to respond.

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