The court has thrown out Gatundu South MP Moses Kuria's application, seeking to compel Safaricom to release call records to be used in his ongoing incitement case.
Chief Magistrate, Daniel Ogembo said that Kuria's plea was premature and only served to waste the court's time.
The Court made the ruling on Friday, stating that it could not force people to help the Gatundu South MP in his case.
Kuria wanted Safaricom to be coerced to present before the Court, phone records of Law Society of Kenya CEO Apollo Mboya, over his (Kuria) alleged hateful remarks.
Mboya, who is a prosecution witness in Kuria's case, had earlier appealed to Director of Public Prosecutions Keriako Tobiko, to investigate and prosecute the lawmaker for supposedly posting hateful and incitement remarks on his Facebook account.
The LSK CEO stated that the Society had been informed of the inciting post through calls by “concerned members of the public”, who insisted that Kuria should be punished. Kuria wanted Safaricom to present those calls that Mboya alleged they received.
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Kuria's lawyer Danson Mungatana, had insisted that the case could not continue until the records were provided, as they were core to the defence's cross examination. However, the court dismissed the plea.
