The Media Council of Kenya (MCK) is calling for an immediate intervention by Chief Justice Martha Koome following the imprisonment of Didacus Malowa, a senior Tuko editor.
Malowa was on Tuesday sentenced to five days in jail for not complying with a High Court directive after he allegedly failed to apologize for publishing a misleading article about the ongoing Ksh226.9 million National Youth Service(NYS) graft case.
MCK CEO David Omwoyo has faulted the ruling saying it interferes with media freedom.
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"The Council notes that this is a precedent-setting ruling that has grave ramifications on the freedom of the media in Kenya and the working relationship between media and the Judiciary and therefore requests for your urgent intervention in this matter to guarantee the media and Kenyans an assurance of their freedoms and safety as per the Constitution of Kenya, 2010," Omwoyo stated in a letter.
Adding;
"The council requests your urgent intervention on this matter and an assurance that such an unfortunate, arbitrary and disturbing occurrence will not occur."
Omwoyo questions how Malowa was not allowed enough time to defend himself saying his sentencing was swift.
“It is therefore shocking that a journalist, honouring summons can be sentenced on sight, without an opportunity to defend themselves, or indeed without disobeying any court order as there were none at the time of sentencing."
"Jailing a journalist without any hearing or recourse for a news article published by several media houses and whose accuracy has not been contested is not only a direct affront to media freedom, but in our opinion, a grave miscarriage of justice," he added.
The MCK boss argues that journalists should be governed by the Media Council Act 2013.
"The Complaints Commission established under section 27 of the Act is mandated to handle disputes relating to breach of the Code of Conduct," he noted.
In her ruling, Nyutu said the punishment would act as a deterrent to other journalists, editors and media houses against publishing misleading articles.
Nyutu noted that the story that was published by TUKO had damaged the reputation of the witness.
