Court refuses to lock media out of Kenya Power graft case

What you need to know:

  • Senior Principal Magistrate Felix Kombo pointed out that the media is part and parcel of the trial because of the important role it plays in highlighting the case.
  • The magistrate further said the report was a true reflection of what the witness in the case said although he warned against the making of factual conclusions.

A Nairobi court on Wednesday declined to reprimand the media following complaints by the Directorate of Criminal Investigations on the coverage of an ongoing case against Kenya Power's former senior managers.

According to the DCI and the director of public prosecutions, a story published by one of the dailies was reported with malice and in bad faith.

KEY PLAYER

Through senior assistant DPP Alexander Muteti, the DCI and the DPP complained that the story concluded that the trial of former managing directors Ben Chumo and Ken Tarus, and 12 other persons, had crumbled.

Mr Muteti said the media should be reprimanded and prevented from carrying such reports.

However, Senior Principal Magistrate Felix Kombo pointed out that the media is part and parcel of the trial because of the important role it plays in highlighting the case.

He said this key role cannot be ignored as it is necessary to keep the people informed on matters of public importance.

“The media also provides the necessary ingredients of public accountability and transparency,” Mr Kombo said, adding it cannot be barred from covering the case as long as the reporting is factual.

WITNESS REPORT

The magistrate further said the media report was a true reflection of what the witness in the case said although he warned against the making of factual conclusions.

Mr Kombo said parties should be ready to live with the evidence tendered in court and that they should also manage their expectations.

The witness, Linus Murithi, complained that the DCI did not provide him with all documents while analysing a tender for the supply of transformers.

He said he would have arrived at a different conclusion had he been supplied with the crucial documents.

Mr Murithi had accused Kenya Power's management of flouting some procurement procedures in the report.