Gatundu South MP Moses Kuria wants Safaricom to be coerced to present before the Court, phone records of Law Society of Kenya Chief Executive Officer Apollo Mboya over his (Kuria) alleged hateful remarks.
Earlier this year, Mboya, who is a prosecution witness in Kuria's case, wrote to the Director of Public Prosecutions Keriako Tobiko to investigate and prosecute the MP after he supposedly posted hateful and incitement remarks on his Facebook account
The LSK CEO said that the Society had been informed of the post by “concerned members of the public” and insisted that the legislator be punished.
Moses Kuria's lawyer, Danson Mungatana, however, insisted that the case cannot continue until the records were provided as they were core to the defence's cross examination.
He added that Mboya had not convinced the court that he drew the incitement concerns from public complaints.
“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,” the Standard quotes Mungatana.
The post which was written after Gikomba's market twin explosion that left 12 people dead read; “I think it is only a matter of time before Kenyans start violence against PERCEIVED (sic) terrorists, their sympathisers, their financiers and those issuing travel advisories without intelligence.”
“I am not sure I will not be the one of those Kenyans. When you touch Gikomba the nerve center of our economic enterprise, you really cross the line. Brace yourself. Choices have consequences.”
Kuria had earlier said that his account had been hacked adding that he was not the one who had written the post.
However, the National Cohesion and Integration Commission (NCIC) disregarded the allegations after digital forensic investigation were carried out and confirmed that the Gatundu South MP was responsible for posting the hateful statement on social media.
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