(NDIMA/IFEX) – Three editors of the “Weekly Citizen” publication who were arrested in Nairobi on Wednesday 18 August 1999 were arraigned in court on Friday 20 August, charged with publishing without executing a printer’s bond. Tom Oscar Alwaka, Jospeh Omyanje Amusala and John Wafula Nang’ole appeared before Nairobi Chief Magistrate Uniter Kidullah and denied the […]
(NDIMA/IFEX) – Three editors of the “Weekly Citizen” publication who were
arrested in Nairobi on Wednesday 18 August 1999 were arraigned in court on
Friday 20 August, charged with publishing without executing a printer’s
bond.
Tom Oscar Alwaka, Jospeh Omyanje Amusala and John Wafula Nang’ole appeared
before Nairobi Chief Magistrate Uniter Kidullah and denied the charges.
Police finally caught the editors on Wednesday 18 August after a month-long
manhunt launched by Criminal Investigation Department (CID) officers. The
three editors were accused of failing to secure a printer’s bond for Vol. 2,
No. 33 and No. 30 of their publication.
They were charged with publishing the “Weekly Citizen” issue Vol. 2, No. 33
with the headline “Kittony divorce takes a new twist”, without having a
printer’s bond. They published the issue on 16 August at a Kenya Railways
warehouse in Nairobi with other individuals who did not appear before the
court.
In the issue, the journalists wrote that nominated Member of Parliament (MP)
Zipporah Kittony and her estranged husband were trading accusations, blaming
each other for the breakup of their marriage.
The three city-based writers also faced a related count of failing to
execute a printer’s bond, thereby contravening section II (1), as read with
section 14, of the Kenyan laws. The trio faced a third count, which stated
that on 26 July, at the Kenya Railways warehouse, with other individuals not
before the court, they published the newsletter with the heading “Dropped PS
(permanent secretary) weeps in public”, without executing a printer’s bond.
In the issue, they alleged that the former PS in the Ministry of Rural
Development, Barua Chele, wept in disbelief after he was axed in the recent
civil service reshuffle, which saw some permanent secretaries moved and
others dropped. The reporters wrote that on learning of this dismissal, the
PS spent some moments in confusion, wondering whether he had been moved or
fired.
Leading the prosecution, Inspector Stephen Munguti told the chief magistrate
that investigations into the case were incomplete and that the court
intended to refer other charges on the accused after the investigations were
finalised.
Opposing the request made by defence lawyer Mweresa Eboso to have the trio
released on bond, Munguti told the chief magistrate that other suspects in
connection with the offence were at large, and that the accused would hinder
their arrest if released on bond.
Inspector Munguti also argued that if released on bail, the three editors
“may continue committing further similar offences.” He also told the court
that they might flee the court if released, urging Kidullah to remand them
in custody until investigations were complete.
However, their lawyer argued that the prosecution’s grounds to oppose bail
were insufficient. He noted that the offence was a misdemeanor and bailable.
Kidullah ruled that the case comes up on Monday 23 August for ruling on
whether the three editors will be released on bond or not. She then remanded
them in custody and fixed the hearing for 17 September.
