Court clears Standard writer over news report on MP Gideon Mwiti rape case

NAIROBI: The High Court has cleared a Standard Group senior reporter from allegations of influencing Imenti Central MP Gideon Mwiti's alleged rape case.

Justice Weldon Korir in his ruling in favour of Moses Njagih, noted the space for free exchange of ideas and information has been greatly expanded under the new constitutional order.

Justice Korir said courts do not make decisions based on press reports and any decision arrived at is guided by the law and the evidence adduced.

"The news article is unlikely to prejudice any party in the matter before court. The answer the parties in the case want to hear is whether the petitioner's criminal trial is within the parameters of the constitution," Justice Korir ruled.

Justice Korir said courts can't be swayed by media reports on court proceedings adding that the parties in the case should rest assured that the court's decisions will not be influenced by anything happening outside the litigation arena.

The decision rose from an application seeking a clarification of how a medical report in the case found itself in the media and was published before being tabled in court.

The said report, according to lawyer Wilfred Nderitu who represents the victim in the rape case, created an impression that the author had accessed the medical records of the victim.

Mr Nderitu said upon reading the news item he raised concern seeking for an explanation over how the confidential report was accessed and published beforehand.

He also alleged the article may have been written at the behest of  a person interested in the outcome of the case.

However, lawyer John Khamniwa who represents Mr Mwiti opposed Nderitu's application saying the constitution guarantees media freedom and dragging the court into press matters "amounts to engaging in an extraneous exercise."