Journalists kicked out of ex-MP defilement case

By Erastus Mulwa

KANGUNDO, KENYA, Nov. 22 - The case in which former Kangundo MP, Moffat Maitha is charged with defiling a 15-year old school girl took a nasty twist on Wednesday after journalists were ordered out of the courtroom.

Kangundo Resident Magistrate Japhet Bii ejected five correspondents from various media houses who had turned up to cover the proceedings, which have so far attracted significant public interest.

The journalists’ frantic pleas to the magistrate to be allowed to cover the proceedings fell on deaf ears, even after the prosecutor handling the case; inspector Joseph Mr Kiarie pleaded to the court to consider their request on the basis of ‘public interest.’

“The defense counsels have no business to direct the operations of the court since they hold partisan interest in the case,” Kiarie observed.

One of Maitha’s lawyers had expressed displeasure on the journalists’ presence in the courtroom, terming them ‘strangers.’

But the magistrate swiftly dismissed the prosecutor’s views, saying the court has already ruled on the matter.

Unlawful ban

A huge crowd of members of the public waited impatiently outside the courtroom, and wondered if it was necessary for the case to be heard in camera.

Following what they consider unlawful ban by the court to cover the said case, the journalists immediately penned down a petition to the Chief Justice Dr Willy Mutunga protesting the court directive.

Reads the petition in part, “As the ears and eyes of the public, we strongly feel the decision by the magistrate to eject us out of the courtroom is not only unfair, but also against the principle of open justice.”

“We are therefore petitioning the Judiciary through Chief Justice Dr Willy Mutunga to expeditiously investigate this matter,” it adds.

The charges against the former MP state that on diverse dates between June 10th and 23rd of the same month this year at Kalandini location of Matungulu District of Machakos County, he intentionally had sex with a school girl aged 15.

He also faces an alternative charge of indecent act with a child contrary to Sec 11(1) of the sexual offenses Act no 3 of 2006.

His co-accused, Ms Veronica Nthenya faces charges of benefiting from child prostitution, contrary to sec 15 (d) of the sexual offenses Act (2006)

Maitha’s case is contained in criminal case no. 19 of 2012.