Muthama, Kuria seek bail in incitement case

Gatundu South MP Moses Kuria and former Machakos senator Johnson Muthama have been charged with incitement to violence.

Appearing before Nairobi Chief Magistrate Francis Andayi, Mr Muthama, through lawyers John Khaminwa and James Orengo, described the charges as “ridiculous”, saying they should not be brought against any person in a progressive country like Kenya.

Mr Muthama, whom the lawyers described as a law-abiding citizen and a “respectable landlord to more than 10 diplomats”, allegedly uttered words challenging President Uhuru Kenyatta and Deputy President William Ruto to a duel at Uhuru Park.

BRAWL

He is accused of making the remarks during a rally in Kajiado County on September 10.

According to prosecutors, the words imply that it is desirable for Kenyans to engage in physical fights, “calculated to bring death or physical injury to persons”.

Mr Kuria is accused of uttering abusive words to opposition leader Raila Odinga and his wife Ida.

Prosecutors allege that the words were intended to bring physical injury to a person.

ARREST

He allegedly made the remarks on September 5 at Wangige Market in Kikuyu, Kiambu County.

After denying the charges, Mr Kuria pleaded with the magistrate to release him on a free bond, saying he had just come from a gruelling campaign period and had spent a large sum of money.

He also argued through lawyer Cliff Ombetta that he was “clean” since previous, similar charges against him had been dismissed.

He also complained that the police failed to treat him with dignity after refusing to release him on bond when he was arrested on Monday.

CASH BAIL

They also failed to bring him to court early enough so that he could attend the opening of the 12th Parliament, he said.

The lawyer said Mr Kuria was a man of good behaviour and has no pending criminal cases.

The magistrate directed Mr Kuria to deposit cash bail of Sh300,000, or a bond of Sh500,000 plus one surety.

Mr Kuria was also ordered to sign a bond of Sh1 million to abide by the term or the money would be forfeited to the State.

LAWYERS
For his part, Mr Muthama, who was being represented by 13 lawyers, including three who are MPs, pleaded with the court to release him on a “reasonable” cash bail of Sh50,000.

Mr Andayi ordered Mr Muthama to deposit Sh300,000, or a bond of Sh500,000 plus one surety.

He also ordered Mr Muthama to execute a bond of Sh1 million to maintain “good behaviour”.

This ruling drew protests from Mr Orengo and Dr Khaminwa, but the magistrate upheld it.

Both case will be heard on January 23 by different courts