Imenti Central Gideon Mwiti at Milimani law courts.
BY SAM ALFAN.
High court judge has refused to be drawn into a circus involving the MP for Imenti Central Gideon Mwiti over a medical report which was published in the media.
The information touched on a complainant alleged to have been raped by the legislator.
Justice Weldon Korir, said that the media should ensure that ethical standards are maintained while publishing such stories.
The decision by the judge arose from an application seeking a clarification how a medical report in the case found itself to the media and was widely published before being tabled in court.
The said report, according to lawyer Wilfred Nderitu who represents the victim in the rape case against the MP said it created an impression that the author had accessed the medical records of the victim.
Mr Nderitu told the upon reading the news item he raised concern seeking an explanation over how the confidential report was accessed and published beforehand.
“The article attempts to determine the criminal case outside the four corners of the judicial proceedings,” he said.
He also alleged that the article may have been written at the behest of “a person interested in the outcome of the case.”
Dr John Khamniwa who represents the MP opposed Mr Nderitus application saying that the constitution guarantees media freedom and dragging the court into press matters “amounts to engaging in extraneous exercise.”
Mr Mwiti’s rape trial was halted due to a petition he lodged in the high court challenging the indictment
Justice Korir sated that the courts cannot be swayed by reports appearing in the media saying the ruling and judgments depend on evidence placed before the courts.
He said being dragged into determining the authenticity and the veracity of the report would mean “holding lengthy proceedings in and attempt to establish sources of information and correctness of the same.”
“In order not to prejudice the parties’ right to take up this matter before the right forum I f for determination, i will withhold my opinion on the said article” Mr korir sated.
He said the parties in the case should rest assured that the decision will not be influenced by anything happening outside the litigation arena.
“For now it is important for this court to focus its attention on the judicial review application.
