Cyprian Nyakundi on Wednesday, suffered a major blow after the court declined to withdraw the case in which he was charged with defaming Interior Cabinet Secretary (CS), Fred Matiang'i.
Nyakundi, through his lawyer, Nderu Wambui, had asked the court to have the matter withdrawn under section 201 of the criminal procedural code (CPC) for lack of evidence stating that they have not been supplied with the CS’ statement.
Nonetheless, Milimani principal magistrate Peter Ooko declined the application citing the absence of Matiang’i’s statement, which the prosecution confirmed it is yet to get.
Ooko expressed worry about how the prosecution recommended Nyakundi be charged without first recording a statement from the complainant.
[caption caption="Fred Matiang'i (Twitter)"]
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“It is absurd how the prosecution charged Nyakundi without first recording the complainant’s statement. This must be highly condemned,” Ooko stated.
The Judge stated that if the CS is not interested in the matter and will not record a statement, the prosecution should withdraw the case.
Nyakundi reiterated that the prosecution recommendation to charge him without recording the complainant’s statement is a clear indication of abuse of power.
The CS was expected to testify in the case on Wednesday but the prosecution sought an adjournment, indicating that he was engaged in security matters in Mt Elgon.
Nyakundi is charged with publishing obscene information on his Twitter timeline against the Interior CS.
[caption caption="Cyprian Nyakundi (Twitter)"]
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He is out on Sh500,000 bond, pending determination of the case.
