A landmark criminal case against Star journalist accused of allegedly defaming a public officer by publishing a defamatory matter contrary to Section 194 of the Penal Code will be heard today in Kajiado.
Kurgat Marindany will be arraigned in court on charges of publishing a defamatory matter with intent to injure the character of Kajiado County Commissioner, Harsama Kello.
In the police charge sheet it is alleged Marindany on the April2 at Maasai Technical Training Institute in Kajiado with intent to defame Kello published in the Star newspaper that the commissioner cried for 20 minutes after Governor David Nkedianye called him a land grabber.
This is the first case of its kind where a public officer has decided to sue an individual other than the organisation or media house in a defamatory matter that has been branded criminal instead of civil case.
Marindany is represented by a team of lawyers led by Geoffrey Imende and a local counsel, Alice Yano in the case that has also attracted interest from other lawyers in the media fraternity.
Imende, through the instruction of Marindany, has proposed to petition the constitutionality of sections 194 and 195 of the penal code, Cap 63 Laws of Kenya.
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