The former Principal Secretary (PS) in the Ministry of Internal Security, Dave Munya Mwangi who is facing a Ksh 350 million land fraud, today through his advocate put on a spirited fight to have media gagged from covering his criminal proceedings in court.
Mwangi through his advocate told court that only state owned media houses should be allowed to cover court cases.
Mwangi, who was charged in December 2024 for fraudulently acquiring a 1.591-hectare parcel of land along Mombasa Road and forging the property’s title with the help of accomplices at the Ministry of Lands says that he does not wish his case covered by media since it is not a matter of public intrest.
He asked the court to issue an order to protect his image from ever appearing in various media outlets in the country.
According to Mwangi, freedom of the media in Kenya is one of the rights that can be limited under the constitution of Kenya.
His lawyer said that his client’s right to a fair trial is superior to the freedom of the media in Kenya.
Asked whether he had any evidence of misreporting of the case from the media, his advocate said he had no evidence.
However, the prosecution in response to Mwangi’s application said that freedom of the media is protected under the constitution of Kenya and should not be limited without due cause.
The prosecution said Mwangi’s case does not fall under the category of cases where media is automatically gagged from covering the case.
“Counsel has not tabled evidence to show how the rights to a fair trial of his client are prejudiced by the media.” Said the public prosecutor in response.
The prosecution told court that Mwangi’s lawyer did not provide any legal basis why media coverage should be gagged or even limited before the court.
The court will rule on whether to gag the media from covering the case or dismiss the application on April 10, 2025.
