By Peter John & Andrew Kariuki
Journalist, David Bogonko Nyokang’i through his lawyer, Danstan Omari, has secured a major legal win after the court acquitted him, finding that the prosecution had failed to prove its case.
Journalist Nyokang’i, had been charged over allegations that he published false information claiming that the wife of Dr. Byakika Timothy was involved in an adulterous affair.
The matter came up for a ruling on whether the prosecution had established a prima facie case sufficient to place him on his defence.
In its analysis, the court noted that the prosecution closed its case after calling only three witnesses, among them two complainants and a digital forensic analyst, Inspector of Police Ezra Coet.
The investigating officer and other crucial witnesses were not called to testify.
The court observed that the only exhibit produced was a cyber investigation report, which failed to link Nyokang’i to the alleged publication with certainty.
The report did not identify him as the publisher, editor, or domain controller of the platform that carried the impugned content.
Additionally, the alleged publication itself was only marked for identification and was never formally produced as evidence.
On the basis of these shortcomings, the court held that the prosecution had not established a prima facie case. It therefore acquitted Nyokang’i under Section 210 of the Criminal Procedure Code, bringing the case to an end without requiring him to present a defence.
In delivering the ruling, the court cautioned the journalist to exercise greater care in the future.
The court further ordered that the cash bail deposited in the case be refunded.
However, it emerged that the bail had been posted by a third party, prompting the court to direct that an affidavit be filed to facilitate the release of the funds.
The acquittal marks a significant outcome for the defence, with Omari successfully arguing that the case against his client was unsupported by direct or credible evidence.
