12 September 2017

Kenya: Hefty Bail Terms for Kuria, Muthama After Incitement Charges

Photo: Capital FM
Gatundu South legislator Moses Kuria and former Machakos Senator Johnson Muthama were released on a Sh500,000 bond each.

Nairobi — Gatundu South legislator Moses Kuria and former Machakos Senator Johnson Muthama were Tuesday released on a Sh500,000 bond each with sureties of similar amount, after denying charges of incitement to violence.

The two who were arrested on Monday by detectives from the Directorate of Criminal Investigations were produced before Chief Magistrate Francis Andayi at the Milimani Law Courts where they denied charges levelled against them.

Muthama, who was first to take plea, denied that on September 10 he uttered words at a rally organised by the National Super Alliance (NASA), "words which indicated that it might be desirable to engage in a physical fight which was calculated to bring death or physical injury to persons."

According to a charge sheet produced before the court, Muthama is quoted to have suggested that he, together with Senator James Orengo (Siaya) would defeat President Uhuru Kenyatta and his deputy William Ruto in a physical fight at Uhuru Park.

He denied the charge.

Kuria, on the other hand, is alleged to have on September 5 at Wangige Market in Kiambu County, uttered words to mean that he would circumcise NASA leader Raila Odinga, words construed to mean that he intended to harm Odinga.

Kuria also denied the charge.

The two were given the option of depositing a Sh300,000 cash bail each instead of the Sh500,000 surety bonds.

In addition, the magistrate ordered the duo to deposit Sh1 million each as a commitment that they shall observe good behaviour, an amount which is to be forfeited should they breach the law.

Earlier, Muthama who had a 13-member legal team representing him led by Senator Orengo unsuccessfully challenged the Sh1 million deposit over and above the bond, arguing that it violated his right to the presumption of innocence until proven otherwise.

Cliff Ombeta who held brief for Kuria also made similar arguments for his client, further persuading the magistrate that his client had complied with the courts in previous matters.

Ombeta further argued that Kuria was yet to be found guilty of any of the offence he has been charged with in the past, all of which relate to hate mongering.


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