Former Machakos Senator Johnstone Muthama and Gatundu South legislator Moses Kuria have been charged with incitement to violence.

The two denied the charges at a criminal court in Nairobi after spending a night in police custody since oSeptember 11 2017.

Johnson Muthama denied that on September 10 2017 he uttered “words which indicated that it might be desirable to engage in a physical fight which was calculated to bring death or physical injury to persons” at a rally organised by the National Super Alliance, NASA.

Physical fight

According to his charge sheet, Muthama is quoted to have suggested that he, together with Siaya Senator James Orengo would defeat President Uhuru Kenyatta and his deputy William Ruto in a physical fight at Uhuru Park.

Moses Kuria is alleged to have on September 5 2017 at Wangige Market in Kiambu County, intended to bring harm to NASA flag bearer Raila Odinga by saying that he would circumcise him.

Good behaviour

The two were released on a Sh500,000 bond each with sureties of a similar amount.

Chief Magistrate Francis Andayi further ordered the two to deposit Ksh1 million each as a commitment that they will observe good behaviour, an amount would be forfeited should they breach the law.

Muthama, represented by a 13-member legal team led by Senator Orengo, unsuccessfully challenged the Ksh1 million deposit, arguing that it violated his right to the presumption of innocence until proven guilty.

Cliff Ombeta, representing Moses Kuria, also made similar sentiments for his client, arguing that his client had complied with the courts in previous matters.

Ombeta further told the court that Kuria has never been found guilty of any of the offences he has been charged with in the past, all of which relate to hate mongering.

The cases will be mentioned on September 26 2017 while hearings are slated for January 23 2018.