Lawyer in trouble for posting election petition proceedings on Facebook

By Daniel Psirmoi

A lawyer found himself in trouble for posting on social media information that may jeopardise an ongoing election petition before the High Court in Bungoma.

The lawyer Henry Makhakhara, one of the counsels representing Senator Moses Wetangula whose win in the last polls is being challenged by former local government minister Musikari Kombo, had earlier this week been summoned by Justice Francis Gikonyo.

Makhakara was accused by Kombo’s lawyer Alex Ndambiri for posting remarks on Facebook on July 20 concerning the ongoing recount of senatorial votes ordered by the court that may be deemed as prejudicial.

Ndambiri in his submissions told Justice Gikonyo that the lawyer’s conduct was an outright contempt of court that warrants severe punishment to the offender.

The posting which was made on Bungoma County Facebook group: County 411, which has over 9,500 members triggered enormous debate indicated that the scrutiny granted to the petitioner (Musikari Kombo) was inconsequential.

Makhakara told the court that he was remorseful and regretted his conduct saying that it was triggered by the ongoing debate over the fate of the petition.

“I apologise from the bottom of my heart for my conduct which I may have acted out of ignorance '', implored the visibly shaken lawyer.

He explained to the court that he only made a rejoinder to debate that was ongoing at that time, indicating that the petition had already been decided, impending by- election.

Justice Francis Gikonyo in his ruling warned the lawyer terming the conduct as contempt which could prejudice the whole process awaiting ruling.

“The conduct is both careless and unbecoming and does not befit a court officer of your stature. This must stop and must not come into scene again. I wish to give you a stern warning and any other member engaging into the conduct”, reprimanded Gikonyo in his ruling.

The judge further asked the public to restrain from prejudicing the matter at court terming the conduct as fatal and that it will attract dire consequences’. He warned both the court officials and the public should respect judicial proceedings.

 Results of the voter scrutiny and recount will be known after August 12.