- He also wanted him investigated over alleged involvement in the death of his former business associate and house help.
- The case will be mentioned on May 9, for further directions.
Image: FILE
The High Court on Monday declined to bar an activist and his lawyers from addressing the media about Meru Senator Mithika Linturi's disputed academic credentials.
Two weeks ago, Michael Makarena moved to court asking the court to compel the DCI and other agencies to investigate Linturi for forging his academic papers.
He also wanted him investigated over alleged involvement in the death of his former business associate and house help.
During the mention of the case before Justice Antony Mrima, Linturi’s lawyer Muthomi Thiankolu said Makarena’s lawyers Danstan Omari and Shadrack Wambui should be stopped from going to press.
Thiankolu claimed that Omari held a press conference and made serious allegations against his client.
He further said that the alleged attempted rape photographs and the videos which are part of evidence in the case have been shared on social media.
He said that the press conferences were prejudicial to the case and the lawyers should be gagged to preserve sobriety and decorum in dealing with cases.
Appearing for the Director of Public Prosecutions, Assistant DPP Alexander Muteti supported the submissions by Thiankolu.
Muteti said they have noticed a trend where Omari and Wambui take court matters to the media and they should be gaged.
In response, Omari said Thiankolu and Muteti should make a formal application so that they can respond before the court makes an order on the issue.
Omari further said the public cannot be denied information that has been filed in court unless there is a gag order to that effect, which there is none in the case.
He further said it was the DPP who has been holding media briefings everyday on different legal issues so he cannot also bar them from addressing the media.
On the issue of the professional misconduct, Omari said the issue cannot be brought before court but it should be channeled to the Law Society of Kenya disciplinary committee.
Mrima said he will not issue any gag orders but directed all parties in the matter to keep within the professional ethics.
The case will be mentioned on May 9, for further directions.
In the case, Makarena has accused Linturi of forging his degree certificate for India University saying he is not eligible to vie because he has no papers.
He wants the DCI to investigate the forgery claims and if he is found guilty he (Linturi) should refund the salaries he has been paid.
Makarena further wants the DCI to investigate the circumstances that led to the death of Linturi’s business associate in 2008 and his house help in 2018.
(Edited by Tabnacha O)