By Peter John
A Kisii-based journalist has been acquitted after the court found that the prosecution failed to establish a case against him, in a ruling that marked a major legal victory for city lawyer Danstan Omari.
The journalist, David Bogonko Nyokang’i, had been charged with publishing false information, allegedly claiming that the wife of Dr. Byakika Timothy was involved in an adulterous affair.
The allegations formed the basis of criminal charges brought against him, with prosecutors arguing that the publication was defamatory and unlawful.
However, during the hearing, Omari successfully challenged the prosecution’s case, arguing that no credible or direct evidence had been presented to link Bogonko to the alleged publication.
He told the court that the case was built on assumptions rather than proof, and failed to meet the required legal threshold.
In its decision, the court agreed with the defence, noting that the prosecution had not demonstrated how Bogonko was responsible for publishing or circulating the alleged information.
The magistrate ruled that without such evidence, the charges could not stand.
Consequently, the court acquitted David Bogonko Nyokang’i of all charges, bringing the case to an end.
The ruling was welcomed by the defence as a reaffirmation of the need for thorough investigations and evidence-based prosecutions, particularly in cases involving journalists and freedom of expression.
