MCK calls for CJ Koome's ‘urgent intervention’ after Tuko Editor jailed

The Media Council of Kenya (MCK) has written to Chief Justice Martha Koome calling for her immediate intervention into the jailing of Didacus Malowa, a senior Tuko editor, who was on Tuesday imprisoned for failing to comply to a High Court directive.

Malowa was sentenced to five days behind bars for allegedly declining to apologize for a news article misreported by the digital publisher, following orders to do so issued by Senior Principal Magistrate Eunice Nyutu.

In the letter penned by MCK CEO David Omwoyo, the media regulator's boss castigated the sentencing labeling it an unfortunate and grave miscarriage of justice which is encroaching on journalistic freedom.

"The Council notes that this is a precedent-setting ruling that has grave ramifications on the freedom of the media in Kenya and the working relationship between media and the Judiciary and therefore requests for your urgent intervention in this matter to guarantee the media and Kenyans an assurance of their freedoms and safety as per the Constitution of Kenya, 2010," said Mr. Omwoyo.

"The council requests your urgent intervention on this matter and an assurance that such an unfortunate, arbitrary and disturbing occurrence will not occur."

According to Mr. Omwoyo, it is baffling how Malowa was swiftly sentenced despite the fact that he, without fail, adhered to summons to appear before the court to answer to the misreporting claims.

“It is therefore shocking that a journalist, honoring summons can be sentenced on sight, without an opportunity to defend themselves, or indeed without disobeying any court order as there were none at the time of sentencing," said the MCK chief.

"Jailing a journalist without any hearing or recourse for a news article published by several media houses and whose accuracy has not been contested is not only a direct affront to media freedom, but in our opinion, a grave miscarriage of justice."

According to Mr. Omwoyo, the ethical conduct of journalists is governed by the Media Council Act 2013 and any persons aggrieved by the conduct of journalists should seek relief through the mechanisms prescribed in the Media Council Act.

"The Complaints Commission established under section 27 of the Act is mandated to handle disputes relating to breach of the Code of Conduct," he noted.

He likewise referenced an August 17, 2022 letter in which MCK sought an audience with the Judicial Service Commission (JSC) to deliberate on cases of journalists being barred from accessing proceedings, noting that the judicial body had yet to oblige to the request.

"Via a letter dated August 17, 2022, the Council requested for a meeting with the Judicial Service Commission to discuss the issue of journalists across the country being denied access to court proceedings and premises despite assurance vide letter to MCK dated March 4, 2022 to the contrary. We are still waiting for this important meeting," he said. 

In her Tuesday ruling, Senior Principal Magistrate Nyutu stated that the punishment handed to Malowa will act as a deterrent to other journalists, editors, and media houses against publishing misleading articles.