Court rejects bid to gag media in meth case

Jomo Kenyatta International Airport (JKIA) Magistrate Njeri Thuku yesterday declined an application to gag the media from covering the trial of six people suspected to be behind a methamphetamine laboratory in Namanga, Kajiado County.

Lawyer Evans Ondieki made the oral application, saying that media coverage of the case had painted their clients as guilty, yet the trial had not yet concluded.

He said that the details given in the coverage of the trial and the arrest of the suspects were infringing on the rights of the suspects.

He added that the coverage and the use of the suspect’s photos had been sensationalized, adding that it looks like journalists were acting under pressure.

“I think it is the Americans (behind the coverage), I have no doubt in my mind.”

Those standing trial are Mexican national Israel Alvarado, two Nigerians Agwu Ojukwu and Egwu Ogba Mba and three Kenyans, Francis Maina, Caroline Wambui, and Betty Mukami.

Also named in the trial are Enormed Pharma Limited and Betlink Supplied Limited companies linked to Mukami, which the police allege were used to import the chemicals found at the lab from India.

Detectives from the Anti-Narcotics Unit of the DCI are still looking for Jose Ribiero Santos alias Carlos Pedro, who they say was key in setting up the lab.

They have also contacted their colleagues in Mexico, seeking to arrest another suspect, Ignacio Morales Alvarez, who left the country a few days before the bust. 

The gag application was supported by other defence lawyers, with Jackline Ontiti saying that she was surprised to see a senior police officer in an interview with a local TV station who deemed it prejudicial.

Martina Swiga, a lawyer, said that their client’s privacy ought to be protected by the courts.

Another lawyer, Otieno Julius, said that the media reporting of the case had already labelled their clients guilty.

“We need to get protection from this court that no media should publish the name and the photos of the suspects,” he said.

In his submissions, he said that the case should be prosecuted privately and quietly and that the media should be denied access.

On its part, the Office of the Director of Public Prosecutions, through Allen Mulama, said that the reporting of the case had not labelled the suspects guilty.

“The presumption of innocence cannot be taken away by a report in the media,” he said.

He said that the DPP knows where and when to get and present the evidence, adding that they do not need the help of the media to prosecute cases.

In her ruling, Senior Principal Magistrate Njeri said that the media ought to report court cases fairly and in line with the media reporting guidelines developed by the Judiciary.

“They (suspects) are innocent until proven guilty; it is the principle when they enter this court,” said Magistrate Njeri.

She said that the accused persons should recognise that the trial is taking place in a court where there are rules that ought to be followed while promising to uphold them in the case.

At the lab, police found Ethanol, Methylamine, Documly Peroxide, Acetone, Toloune, Caustic Soda, Tartaric acid, Hydraulic acid and Mercuric Chloride.

Detectives say that the chemicals were enough to produce 60 kilos of meth, whose street value is estimated to be Sh480 million.