Court scolds state in Matiang’i defamation in shape against blogger

A magistrate the day past said a case towards blogger Cyprian Nyakundi is an abuse of the court docket system.
He is charged with publishing obscene facts on his Twitter timeline in opposition to Interior CS Fred Matiang’i.
Milimani essential Justice of the Peace Peter Ooko said it’s far disturbing how the prosecution endorsed Nyakundi be charged without first recording a statement from the complainant.
“It is absurd how the prosecution charged Nyakundi without first recording the complainant’s announcement. This should be particularly condemned,” Ooko said.

Read Court orders Nyakundi’s arrest over tweet defaming Matangi

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He gave the prosecution one extra chance to make sure it facts an announcement from Matiang’i and elements a copy of the equal to the defense earlier than the listening to.
Ooko made the comments after the defense entreated the courtroom to withdraw the case beneath the Criminal Procedure Code for loss of evidence.
It said it has no longer been provided with Matiang’i’s announcement after the prosecution showed it’s far but to get it.
CS fundamental witness
The prosecution had formerly been given two probabilities before the listening to the previous day to ensure the defense is provided with all copies of witness statements.
The Complainant is the principal witness inside the case and is meant to put the basis of the problem. Without their declaration, the court is losing time.

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Read: Blogger Nyakundi denies publishing Matiang’i choir female article
Ooko said if the complainant has now not but recorded a declaration and if he isn’t inquisitive about the problem, the prosecution ought to withdraw it.
Nyakundi, via his lawyer Nderu Wambui, stated the prosecution advice to rate him without recording the complainant’s statement is a clear indication of abuse of energy.
CS Matiang’i used to be anticipated to testify in the case the day prior to this, but the prosecution sought an adjournment, saying he’s engaged in protection matters in Mt Elgon.
On January 23 Nyakundi posted alleged defamatory facts in opposition to the CS. Nyakundi’s Twitter manage is @C-nyakundiH.
The blogger is out on Sh500,000 bond, pending dedication of the case.

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