Blogger Fights “Digital Killing” Gag Order by Cooperative Bank
The TikToker told the Court that "he has been killed digitally by the court's order preventing him from commenting anything on the Bank and its staff."
A blogger is seeking a review of orders preventing him from publishing materials on the Cooperative Bank and its staff.
Joseph Gitonga Kihanya, through his lawyers Joshua Nyamori and Black Omanga, told the City Court Magistrate GN Opiko that the gag order slapped him last Friday violated his rights.
The TikToker told the Court that “he has been killed digitally by the court’s order preventing him from commenting anything on the Bank and its staff.”
He says the Court’s order infringes the accused’s rights under Articles 50, 33, and 24 of the Constitution, which promotes the Bill of Rights.
His defence lawyer Joshua Nyamori claimed that police deleted the videos on his account and changed the user name to ‘Ng’ombe’, thereby sinking his livelihood.
He said a court of law is the charter for the protection of all, not some of the people and sections of the people.
Nyamori claimed the gag orders were protecting a powerful Bank official and abrogating the rights of the accused, an artist, activist, and public commentator on matters affecting the general public.
The lawyer urged the Court to vacate the gag order and allow the accused to continue enjoying his rights of freedom of expression and to earn his living.
The application was vehemently opposed by the prosecution who said that freedom of expression is not absolute under Article 33 (2). The prosecutor said the application for the gag order was substantiated on August 8, before magistrate Ouko and an order issued prohibiting the accused from commenting on social media about the defamatory information about the bank and its officials.
The prosecution asked the Court to reject the application because the order that was given can be reviewed by Magistrate Ouko, who issued it.
“This court cannot sit as an appellate court to determine a matter handled by a current court of the same jurisdiction,” the prosecution said.
The prosecution added that the only relief by the accused person on the review lies at the High Court.
The magistrate also declined the application by the accused person to summon the OCPD, whom he claims was present when the suspected Cooperative Bank security snatched his cell phone.
“Since the accused person does not blame the OCPD or the Investigating Officer on the snatched phone, this Court does not see any need to summon him. The accused person is advised to report the matter for investigation,” the magistrate said.
The investigating officer, Geoffrey Murangiri, exonerated the OCPD of the blame that he was not present when Gitonga was arrested,
“It is a false allegation by the defence that the OCPD confiscated the cell phone of the accused,” Murangiri told the Court.
He added that when the accused took plea on Friday, he was given back his mobile phone that was taken away when he was arrested.
Gitonga was charged on Friday last week with demanding money with menaces from Amos Hunja Mwangi on diverse dates between July 20 and 27, this year.
He was released on a cash bail of Ksh 50,000.
