The media will now continue covering a child upkeep case between Senate Speaker Kenneth Lusaka and his baby mama after the High Court set aside an earlier order barring journalist from covering the same.
The new development comes after Justice Jairus Ngaah of the High Court Judicial Review Division suspended the gag order issued by Milimani Children's court in mid July against all media houses following a petition by Kenya Union of Journalists (KUJ) seeking to vary the orders.
"That the ex-parte application be and hereby granted leave to apply an order of certiorari to bring into this court, and quash the gag orders of the resident Magistrate, Milimani children's court issued on July 13, 2021 barring the media houses from accessing, commenting on the matters pertaining to civil case number Children number E672 of 2021 against IWM and Hon Kenneth Lusaka," ordered Ngaah.
The judge has further allowed KUJ to apply for an order prohibiting the Nairobi Resident Magistrate F. Terer from issuing a blanket gag order against the media within the republic of Kenya.
The Magistrate and the Attorney General and interested parties namely Lusak and his baby mama, the print and electronic media have also been granted seven days to file their responses in the case by KUJ.
The case will be mentioned on October 6,2021 for further directions.
In July the children’s court barred the media from covering the case after lawyer Danstan Omari, representing the woman who sued Lusaka, obtained gag orders against all media houses.
“That a gag order is hereby issued to any print or electronic mass media in Kenya from açcessing, publishing, airing, narrating or commenting on the case in any newspaper, journal, weekly magazine and TV or radio show,” Terer gag order states.
Lusaka, 57, has told the court he will not challenge the paternity of the unborn baby he allegedly fathered with the woman who sued him for upkeep and is in talks with the woman with a view of arriving at an amicable solution.
The lady petitioned the High court seeking orders compelling Lusaka to make a monthly maintenance of Sh 200,000 in order for her to meet the direct or indirect needs of their unborn child.
I.M says she has been in a relationship with the speaker for three years which resulted in her getting pregnant.
