The Director of Public Prosecutions has moved to the High Court in a
fresh bid to have former Nairobi mayor, George Aladwa, and Gatundu South
MP, Moses Kuria, detained over hate speech and incitement to violence.
The DPP, through his deputy, Dr Leonard Maingi, is seeking to overturn
the rulings in favour of the two politicians that saw them released on
bail pending the hearing and determination of their cases in the chief
magistrate's court.
The new application states that th
e
magistrate who granted bail did not address himself to the compelling
reasons as had been presented and "that national security and public
safety considerations require a denial of bail".
"The correctness of
the order of November 6 granting bail despite clear findings on
compelling reasons justifying the denial of bail require urgent and
supervisory intervention by the High Court,” the application presented
before Justice Ngenye Macharia reads.
In the new onslaught, it is also stated that there is apprehension that
the two politicians may continue to engage in hate speech in violation
of conditions given to them when they were separately released on bond.
However, Dr John Khaminwa, who represents Mr Aladwa, said the DPP’s application "was served late" and sought time to respond.
He was granted till January 6, when the application will be heard inter
partes while Mr Kuria's case will be heard on January 19.
Mr Aladwa
was charged with incitement to violence and released on a Sh3 million
bond with an alternative cash bail of Sh500,000.
The hearing of the case was set for January 20.
Nairobi Chief Magistrate, Daniel Ogembo, dismissed a similar request
seeking to have Mr Aladwa and Mr Kuria incarcerated pending the
determination of their cases.
The prosecution had asked the court
to deny the politicians bond on the grounds that "there is increased
hate mongering and incitement to violence that may plunge the country
into bloodshed".
At the time, Dr Maingi told the court that despite
stringent bond terms meant to deter politicians such as Mr Kuria from
making inflammatory remarks, they had gone ahead to "spew similar or
even worse vitriol".
The court was told of Kiambu Governor
William Kabogo's remarks that were said to border on contempt of court
and the justice system.
However, the politician is yet to be charged.
Mr Aladwa's case, according to the prosecution, indicated it was
desirable to bring death to certain Kenyans and was an affront to "the
existence of an open and democratic society".
The DPP states that
even after the court warned Mr Kuria to desist from hate speech he went
ahead and posted inflammatory remarks on his Facebook wall.
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