Gatundu South MP Moses Kuria has lost his bid to have the media barred from covering his hate speech case.
In her ruling today, Milimani Principal Magistrate Teresia Nyangena said the court will only be influenced by facts of the case, evidence adduced before court and application of law. The court will not rely on rumours or media statements that do not form part of the evidence presented before court, she said.
The court ruled that Article 33 and 34 support the freedom and independence of the media and therefore barring journalists from covering court proceedings was contrary to the Constitution as the public has a right to access to information as stipulated in Article 35.
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The court, however, said the accused was innocent until he was fairly tried and found guilty.
Mr Kuria through his lawyer Danson Mungatana moved to court last week on with a preliminary objection seeking to bar the media from covering his hate speech proceedings claiming they would prejudice his case.
The DPP, through Senior Assistant Director of Public Prosecution, Dr Leonard Maingi, opposed the application as having no basis for the in-camera proceedings and that Article 50 (2)(d) enshrines the right to public trials since the utterances were made in a public rally and therefore could not be adjudicated behind closed doors.
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