Two officials from the Busia County government have been convicted by a Busia court for assaulting and injuring two journalists five years ago. Busia principal magistrate Samson Temu found John Vincent Odongo and Vincent Oumah Ngala guilty of assaulting journalists; Frankline Bwire of Royal Media and John Mondoh formerly of Standard Media Group on 13th July 2015.
In his ruling, the magistrate sentenced the duo to a six-month probation saying they were first time offenders who were in good book with the public, “I have also looked at the probation officers’ report and the evidence tendered and the manner in which the offence was taken and the fact that you are first offenders, the probation officers have stated that you should be granted a chance to reform as the community does not hold you badly and you do not have previous convictions or criminal activities so you will serve six months’ probation. You have fourteen days to appeal,” he ruled.
The two who were then serving as part of Governor Sospeter Ojaamong’s security were accused of causing bodily harm to the journalists within the County government premises contrary to section 251 of the penal code.
They were arraigned in court on 27th July 2015 where they pleaded not guilty prompting the case to proceed to full hearing as they were out on cash bail of Kshs 15,000 each.
During the hearing, the accused lawyer Joseph Makokha attempted to seek orders from the court to bar media from covering the proceedings but the magistrate declined to grant the orders. The case has so far been handled by three magistrates dragging it for four years.
Lawyer Wycliffe Okutta who was representing the journalists, welcomed the ruling saying it was a great day for the freedom of journalism in the country, hinting that he will file a civil proceeding to have the two journalists compensated for the damages and loss incurred during the attack, “This is a great day for the rule of law particularly on the threats to the journalists while they are taking their duty. It’s a great day because the court worked on the evidence that was availed, and to have taken us five years to prosecute this matter and finally achieve a conviction, this is a great milestone and we thank the court for observing the rule of law. The evidence that was there was so overwhelming and it would have been otherwise if a conviction would not have been found. And that does not stop the victims of assault from going for damages and other losses they incurred while they were assaulted and viciously hurt by none other than the people who were supposed to observe the law.”
Mondoh and Bwire hailed the ruling saying it will serve as a warning to oppressors of freedom of the press in the country, “We want to thank the court for the ruling and this will serve as a lesson to those who like targeting journalists over none issues and we would like to urge the Media Council of Kenya and other relevant bodies to ensure that other similar cases in other parts of the country are handled with the seriousness required so that victims are handed justice.”
However, the accused’s lawyer Joseph Makokha protested the ruling saying he will file an appeal, “The court has made a ruling but we are appealing because the evidence produced in court could not sustain a conviction. I was surprised that there was a conviction. So we are appealing, we have already applied for proceedings, we will appeal, that is no doubt about it,” Makokha stated during a press address with journalists outside the Busia law court.