Kuria through his lawyer has argued that the High Court lacks the jurisdiction to hear the DPP’s office on the matter as bail review falls under the purview of the trial court.
Kuria’s lawyer Danson Mungatana told Capital FM News that the prosecution would need to file a formal appeal for the High Court to properly take up the matter.
“We’ve objected on a technicality,” Mungatana said.
The Office of the DPP moved to the High Court on December 12 to challenge the decision by Chief Magistrate Daniel Ogembo to release Kuria on a Sh1 million cash bail in the case in which Kuria is accused of inciting his constituents to violence.
READ: Moses Kuria granted Sh1 million cash bail
Videos on YouTube show the legislator calling on his Constituents to, “cut with machetes,” those opposed to National Youth Service projects.
He was responding to the vandalisation of clinics, toilets, water tanks and pipes installed by the NYS in Kibera when former Devolution Cabinet Secretary and Opposition leader Raila Odinga differed in June over fraud at the agency.
READ: Shame as Kibera residents burn Waiguru projects
It is the second time the Office of the DPP is seeking to have Kuria’s bail revoked on the grounds that he violated the terms of his release.
It did so first in a Facebook hate speech case Kuria is facing, after he allegedly made the NYS remarks.
READ: Court refuses to cancel Moses Kuria’s bail
The trial court in that matter rejected the application on the grounds that it was based on hearsay.
It was only later, on November 23 that the Director of Public Prosecutions Keriako Tobiko directed that Kuria be prosecuted for incitement to violence over the NYS remarks.
The Office of the DPP has also applied to have the decision to release former Nairobi Mayor George Aladwa, who is also facing an incitement to violence charge, on bail revoked.
READ: Tobiko approves Kuria’s prosecution over NYS ‘pangas’ vitriol
Justice Grace Ngenye has directed that arguments in Kuria’s case be heard on January 19 and January 20 in Aladwa’s case.
