Court sets date for sentencing of Mwangi in contempt suit

The court says it will issue its verdict on November 1.

In Summary
  • The sentencing is a result of a suit filed by lawyer J. Harrison Kinjayui and advocates.
  • Mwangi had failed to appear in court twice in a defamation case against him.
Activist Boniface Mwangi
Activist Boniface Mwangi

A Machakos High court has set the date for the sentencing of activist Boniface Mwangi in a case in which he has been found guilty of contempt of court.

In a notice, the court says it will issue its verdict on November 1.

An order issued on October 16, 2023, by Justice F. Rayola Ole found Mwangi to be guilty of the offence in an application dated January 11, 2022.

“...having briefly read the ruling, the court has found you in contempt of court and directed that you appear in person to show cause why you should not be sent to civil jail,” a short note sent to Mwangi by his lawyer reads.

“Please purpose to attend court on November 1, 2023,” it adds.

The sentencing is a result of a suit filed by lawyer J. Harrison Kinjayui and advocates, on behalf of Tourism CS Alfred Mutua, against the activist who cited him for contempt of court.

Mwangi had failed to appear in court twice in a defamation case against him by Mutua, then Machakos Governor.

The court had been ordered to appear in court in person to show cause why he should not be jailed for disobeying court orders.

Through lawyer J. Harrison Kinjayui and advocates, Mutua moved to court to have the activist show cause why he should not be held for contempt of court for having expressly breached and acted in violation of a court order prohibiting him from publishing in the print, and electronic or online media defamatory material or concerning Mutua.

“Mwangi disobeyed the order on 6th and 9th January 2022 by publishing on his Twitter account content against Governor Mutua,” Kinyajui told the court.

Mwangi had, however, denied publishing defamatory statements.

In his statement of defence dated November 23, 2021, Mwangi asserted that it is his right as a journalist and human rights defender to speak.

"The defendant further avers that in his line of work as a journalist and human rights defender, he is constantly targeted by powerful individuals who detest his valour and courage in his pursuit of a just and democratic society," he said.

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