BY NT CORRESPONDENT.
High Court Criminal Division has barred citizen TV news anchor who is facing a murder charge alongside her fiance from reading news pending conclusion of the case.
In bail applications before a Court, there isn't any evidence before it. It only has allegations/witness statements whose veracity will be tested at a full trial. The denial of bail, the prejudicial and condescending statements made by the courts remind many lawyers of 1980s/90s
— Ahmednasir Abdullahi SC (@ahmednasirlaw) October 30, 2018
“The accused shall not read news, comment and participate in
any interview directly or indirectly related to this case”. Ruled Judge wakiaga.
He also ordered accused shall not read news during the period this matter is fixed for hearing.
The accused shall not interview any parties directly or indirectly connected with this case including the victim’s
family, her Advocate, defence Advocate, the prosecutors and any prosecution witnesses and the trial judge.
Justice Wakiaga said the order is subject to review by the court from time to time.
The journalist was released on a bond of 2,000,000 two million with one surety of similar amount or alternative cash bail of 1,000,000 million with three (3) sureties of similar amount.
Have read the full ruling of Justice James Wakiaga. With tremendous deference to him, he went beyond the threshold on rulings for Bail. He seems to believe Jowie Irungu is guilty & Jackie Maribe innocent. A Judge must be Courteous, Wise, Sober & Impartial. The Judge failed all.
— Donald B Kipkorir (@DonaldBKipkorir) October 30, 2018
She was ordered not make contact with any of the prosecution witnesses either directly or indirectly until final determination of this case.
“The accused upon released on bond shall in the presence of her Advocate accompany the Investigating Officer to her residence where the said investigating officer shall if not yet
done take inventory of any evidential material thereat, including taking photographs and graphs before being allowed to exclusive access” ruled the judge.
However, trial judge Justice James Wakiaga declined to release Jowie on bail on grounds tat he is likely to intimidate witnesses and abscond trial.
“The first accused person has portrayed himself publicly as a gun lover hence his actions can intimidate witnesses,” the judge ruled.
It was further ruled that Jowie has no fixed aboard and no evidence was produced in court to show that if released he would have a place to live hence likely to abscond court.
Justice Wakiaga also ruled that Jowie has extensively traveled to Middle East with no known assets in the country adding that his willingness to surrender the passport is no guarantee that he will not jump bail .
The court ruled that having shot himself, Jowie remains a danger to himself and the public hence the need for protective custody.
Additionally, he has been allowed to access treatment at the Kenyatta National Hospital where the family will be allowed to chip in.
