Nation Media Group Journalists Emmanuel Juma and Edmond Nyabola will be sentenced to prison for disobeying Court order barring the airing of “prohibited content.”
Milimani Commercial court Senior Resident Magistrate Hon. D. O. Mbeja while delivering a ruling, found the defendant Nation Media Group through its agents guilty of contempt of court and further issued a summon for the two Journalists Juma and Nyabola to appear before court for mitigation and sentencing .
The maximum penalty for disobeying Court orders is six months imprisonment without an option of fine or depending on the mitigation by the defendant, the court on its discretion may opt to punish the defendant through a fine that it dims fit for the offence.
In civil suit number 7192 of 2019 filed at Nairobi Milimani Commercial Court on 04th October 2019 by the Child Welfare Society of Kenya, the plaintiff was seeking orders of the court to sentence the two Nation Media Group Journalists for contempt of court.
The Child Welfare Society of Kenya in the application before Court stressed that the defendant (NMG) and its two agents were duly served with the order, whereby it was received and and stamped, five hours before 9 pm prime time news but ignored the order and aired the prohibited content in total disregard of the Magistrate valid court order.
Contempt of court is constituted by the conduct that denotes wilful defiance of or disrespect towards the court or that wilfully challenges or affronts the authority of the Court or the supremacy of the law whether in civil or criminal proceedings.
The object of the discipline enforced by the court in case of contempt of court is not to vindicate the dignity of the court but to prevent undue interference with administration of Justice. After considering all the facts presented before court by both the Plaintiff and the defendant through its agents in sworn affidavits defending their actions, Senior Resident Magistrate D. Mbeja in a lengthy ruling of ten pages and over one thousand words reading the decision of the court, stressed that having considered the testimony of the process server who was cross examined before court orally on 29th of June the year 2020.
The court was satisfied that the defendant was duly informed and served on time with the court order issued on 01st October the year 2019. The court was also satisfied that the conduct of the defendant Nation Media Group though its two agents Edwin and Juma was calculated to undermine Judicial authority, the rule of the law and administration of Justice.
Court orders must be obeyed, the court found a case of wilful disobedience of the court order by Nation Media Group and two agents Juma and Edwin issued on 01st October 2019 by the defendant and by extension.
News is the first draft of history, the above notwithstanding is imperative to observe that no matter how good or bad a story is members of the fourth estate ought to discharge their duty within the confines of the law and obedience of court orders is no exception. Senior Resident Magistrate found a case of total disregard of the valid court order by Nation Media Group and its agents Edwin Nyabola and Emmanuel Juma and the application by the plaintiff was found to be merited and Nation Media Group through its agents were found guilty of contempt of court, as summons were issued for the two to appear for sentencing.
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