On September 22, 2014, Gatundu North MP Moses Kuria pleaded with the head of the National Cohesion and Integration Commission (NCIC) to have his incitement case settled out of court. He had been charged June with incitement following remarks he made hot on the heels of a a terrorist attack on Nairobi’s Gikomba Market.
“I beseech you to consider settling the above captioned case within the meaning of Article 159(2)(C) of the Constitution. I have made the request strictly without prejudice threats and/or intimidation of any kind,” Kuria wrote to the NCIC. “I am ready and willing to participate in conciliation process … and to promote peaceful co-existence amongst our diverse communities in the country.”
In the letter, the lawmaker said his words later construed as “incitement” were made in good faith. “But with wisdom and understanding I have come to the realization that the values and principles that unite us are for nationhood and national good.”
But the LSK was skeptical. Its chief executive Apollo Mboya felt that even with case hanging over his neck, the MP continued to make statements that could be labeled inflammatory.
In fact, a month after he appeared in court, the Director of Public Prosecution was concerned about some statements the MP kept making in public. “As you are aware such conduct if true would be a basis for cancelation of bail/further charges,” Leonard Maingi, senior assistant director for public prosecutions, wrote to NCIC on July 11, 2014.
“Kindly therefore review the statements made by the accused with a view to establish if the words uttered constitute hate speech.”
On November 14, NCIC and LSK officials met to discuss Kuria’s plea.
The LSK didn’t close the door to conciliation as long at the MP met several conditions: Issue a public apology to appear in the social media and print media; agree to undertake various activities which will go about in bringing about cohesion in the country.
But Kuria’s statement over the Mandera killings may have been the proverbial straw that broke the camel’s back.
“LSK through their (chief executive) ighlighted their position on the matter and in particular stated that the LSK were of the opinion this was a criminal matter and should therefore proceed to the logical conclusion through the judicial process,” Commission secretary Hassan S. Mohamed wrote to Kuria, on November 24, 2014.
His quest for conciliation failed. On November 25, he appeared in court. “We seek a fresh order against him to stop making similar comments,” prosecutor Nicodemus Maingi told the court.
Kuria was restrained from further making inflammatory statements. “You are a honourable Member of Parliament, which gives you the right forum to express your views. We do not expect you to associate with the social media comments unless you want to become the subject of a fresh charge…” the magistrate said.
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