Court bars DPP, defense from tweeting Kidero's graft case

Kidero's lawyers said the tweets attributed to the DPP violates public interest.

by susan muhindi

Africa17 July 2019 - 14:12

In Summary

• The issue arose after the defense team led by Lawyer Philip Nyachoti and Paul Ng'arwa took issue with the ODPP for allegedly prosecuting the case on social media.

• The lawyers said the tweets by the ODPP undermine the integrity of the proceedings and must be barred from any further tweets in regards to this case.

Advocate Paul Ng'arwa and Philip Nyachoti representing Evans Kidero and Jimmy Kiambaa at the Milimani High Court in Nairobi on July 17, 2019.

The Office of the Director of Public Prosecutions and the defense team has been barred from tweeting court proceedings regarding the Sh213 million graft case involving former Nairobi Governor Evans Kidero and nine others.

Anti-Corruption Magistrate Douglas Ogoti barred the parties from tweeting about the case until he delivers a substantive ruling on the same on Thursday.

"I've considered the submissions made before me. Due to the seriousness and the integrity of the trial and dignity of the accused persons, I order that no parties involved in this case should engage the media. This does not include the maid stream media," he said.

The issue arose after the defense team led by Lawyer Philip Nyachoti and Paul Ng'arwa took issue with the ODPP for allegedly prosecuting the case on social media.

The lawyers said the tweets attributed to the DPP violates public interest.

Assistant DPP Gitonga Riunga representing the State in Evans Kidero's Sh213million graft case on July 17, 2019.

"The responses the ODPP is evoking from public go against article 50 of the Constitution..that is a fair trial to the accused persons," they said.

" This is a disturThe issue arose after the defense team led by Lawyer Philip Nyachoti and Paul Ng'arwa took issue with the ODPP for allegedly prosecuting the case on social media. ODPP is a national institution whose duty is to uphold rule of law. Institutions of courts have been created to avoid mob justice. When the ODPP tweets and elicits responses from members of public ...he is not promoting fair trial issues," the defense team said.

Former Nairobi Governor Evans Kidero engages his lawyers Philip Nyachoti and Paul Ng'arwa.

The lawyers said the tweets by the ODPP undermine the integrity of the proceedings and must be barred from any further tweets in regards to this case.

Nyatochi said the Constitution implores the DPP to conduct himself in a manner that is not demeaning to his office.

But Assistant DPP Gitonga Riungu said, "Let it go on record that the prosecution of this case is not done on social media or tweets ...we are prosecuting this matter as per the constitution."

Riungu said Proceedings are open to the public and tweets were factual.