Court dismisses censure suit on three journalists

By Maureen Mudi

The court has dismissed an application seeking to censure a story on a wanted terrorist in a publication.

Mombasa Senior Principal Magistrate Lilian Mutende threw out the application by the State, which accuses three journalists with The Star newspaper of contempt of court.

State Prosecutor Dominic Mate had asked the court to summon Paul Ilado, a senior editor, Andrew Teyie, an investigative editor and Maina Kamore, a reporter.

It was alleged that in July, they reported the police had lost vital files on Al-Qaeda and a dossier on fugitive Fazul Abdullah Mohammed.

The State argued the story was prejudicial to the trial and created a wrong impression that the case had collapsed and the accused acquitted due to lack of evidence.

In the main case, Mr Mahfudh Ashur Hemed, his wife Lutfiya Abubakar Bashrahil and son Ibrahim Mahfudh Ashur face charges of harbouring Fazul.

Yesterday, the magistrate ruled the article had been drawn to the attention of the Attorney-General, who has the sole discretion on whether to begin contempt proceedings.