Journalist attacked warder, court told

PHOTO | FILE

Mr Moses Dola.

What you need to know:

  • Drama as lawyers clash during cross-examination of prison boss

A journalist accused of killing his wife beat up a warder at the Industrial Area Remand Prison, forcing authorities to put him in his own cell, a court was told on Tuesday.

The warder was repairing a wall when Mr Moses Dola attacked him, said Industrial Area remand prison chief Pauline Wanja.

“The warder found some clothes hanging next to the wall to be repaired. When he asked the inmates to remove them, Mr Dola became violent and attacked him, forcing him (warder) to blow the whistle.”

Other warders and inmates teamed up to free the officer from Mr Dola’s grip and took him to a separate cell, Ms Wanja told Mr Justice Nicholas Ombija.

Ms Wanja was summoned to court to shed light on allegations by Mr Dola that he had been tortured and put in isolation in a dark wet cell without ventilation for 30 days.

But the prison boss denied that the journalist was kept in a cell full of water, saying there was even a shortage of the resource in the prison.

She said that Mr Dola also risked being attacked by other inmates because of his violent conduct.

Justice Ombija was forced to prematurely adjourn the case when Mr Dola’s lawyer and a senior State counsel clashed during the cross-examination of the prison officer.

It all started when lawyer Cliff Ombeta accused State counsel Catherine Mwaniki of interfering with his cross-examination of Ms Wanja.

Mr Ombeta had asked the officer the circumstances which led to the confiscation of Sh300 from Mr Dola by prison officers and the shaving of his head.

The State counsel, however, said that Mr Ombeta was trying to introduce side shows. The comment infuriated the defence lawyer who shouted that she should shut up and stop meddling in his cross-examination.

Ms Mwaniki continued to whisper to another State counsel sitting next to her, making Mr Ombeta more agitated. His rage continued and would not listen even to pleadings from the judge to cool down.

Justice Ombija said he would not continue with the case unless Mr Ombeta apologised for his conduct.

Tempers flare

Mr Ombeta said he would not apologise to the State counsel because she was the one who threw the first stone.

“I can only apologise to the judge for not responding when he called me and refusing to heed his warning,” said Mr Ombeta.

Mr Justice Ombija intervened and prematurely adjourned the case to give time for the counsel to apologise.

“I also have tempers which can make it unsuitable for you to attend my court but we must remain courteous,” said Justice Ombija.

Mr Ombeta stormed out of the court without apologising, only saying that he would apply to withdraw from the case.