Political analyst Tony Gachoka escorted by police office from Milimani commercial courts to Industrial Area prison after he failed to raise a fine of 2million each.They were found guilty of contempt of court on Friday 5 June 2015.
BY SAM ALFAN.
Political analyst Tony Gachoka has moved to the High Court through his lawyer Gitobu Imanyara challenging the entire decision of Nairobi Senior Resident Magistrate Maisy Chesang issued on Friday.
Gachoka want High court to suspend the entire ruling that fined him, T.V seasonal journalist Jeff Koinange and Standard Group senior employee Caro Cheruiyot Sh2 million or default six months jail term each after being found guilty of court contempt.
He’s further seeking to be released out of custody pending the hearing of the matter which was filed yesterday and Chief Justice directed the matter be heard before Justice Isaac Lenaola tomorrow morning.“The Applicant therefore seeks an order directing that he be freed from jail and a stay of the impugned proceedings pending hearing and determination of the Notice of Motion dated 26th May 2015”says Gachoka on the documents filed in court.
Gachoka was arrested on Friday immediately after the ruling was delivered by at 4pm before Senior Resident Magistrate Maisy Chesang chambers on Friday after he failed to the amount of 2million fined against him and he’s spending the weekend in industrial area prison
Gitobu argues the fined was issued contrary to the law and he has revealed through his twitter account that he will file former complaints against Nairobi Senior Resident Magistrate Maisy Chesang before the Judicial Service Commission on Monday.
“On Monday morning I shall file a formal complaint with the Judicial Service Commission against magistrate over the jailing of Tony Gachoka”.
Lawyer Imanyara was on 20th March 2015, granted leave by Justice Weldon Korir to apply for Judicial Review Orders of prohibition prohibiting the Chief Magistrate’s Court or any other Subordinate Court from hearing Civil Case by Kwacha Group of Companies Limited, TV personality Jeff Koinange, political analyst Tony Gachoka and Standard Media Group Sam Shollei among others.
Justice Weldon Korir said though Koinange and political adviser Tony Gachoka have an arguable case.
Lawyer Gitobu Imanyara for Koinange and Gachoka had told the court that the two were not served with summons due to the recent rains which caused most parts of Nairobi to flood.
He told the court any further proceedings of the said suit will render their application for judicial review nugatory that could be injustice to his clients.
“Any further proceedings of the said suit shall render the said Judicial Review Application nugatory and visit injustice upon the Applicant and bring disrepute to the judiciary on account of the manner in which Hon Chesang the resident magistrate has conducted herself “said lawyer Imanyara.
TV personality Jeff Koinange and political analyst Tony Gachoka on Friday were fined Sh2 million each after being found guilty of court contempt.
Apart from the two, another Standard Group senior employee Caro Cheruiyot was also fined Sh2 million each in default they are jailed for six months. The total fine amounted to Sh6 million.
The four appeared before Senior Resident Magistrate Maisy Chesang chambers in Milimani Labour and relations Courts in Nairobi at around 3pm before they were sentenced.
Their lawyers filed for a stay of the fine pending an appeal.
On Tuesday, Koinange who is the host of the popular KTN’s JKL bought his freedom after paying cash bail of Sh200, 000 after failing to appear before the magistrate on May 25 to purge the contempt.
Last week, the magistrate cancelled his Sh100, 000 cash bail and forfeited it to the State after Koinange was allegedly reported to have travelled to Nigeria to attend a seminar instead of being in court.
However, his co-accused political analyst, Tony Gachoka, was present in court.
The court had on March 23 issued a warrant of arrest against the two for disobeying a court order.
The two allegedly discussed businessman Jimi Wanjigi, Sani Mbui who are directors of Kwacha Group during the Jeff Koinange Live show despite a court order barring the discussion.
The two allegedly discussed a defamation case which is in court against the Standard Media Group in which Koinange and Gachoka allegedly linked Jimi to the Sh56 billion scandal of Anglo-Leasing during the shows.
The scandal hit former President Kibaki’s first days in power.
Koinange and Gachoka allegedly uttered defamatory statements in two episodes of the talk show on May 14 and March 12 this year.
In the first appearance in court on May 19 Koinange caused a social media frenzy which called for his release after court bailiffs arrested him in the morning while leaving his Kitsuru home.
Though Koinange was not thrown into the cells, he was held at the prosecutions chambers for more than five hours before being released at around 3pm after paying the Sh100, 000.
Koinange who appeared before Senior Principal Magistrate Linus Kassan warned Koinange was told to respect the court saying though he is a public figure everybody must respect it.
Kassan said since Koinange was arrested four days after the warrant was issued, it would be unfair to jail him for the court contempt while he had filed another suit at the High Court challenging their arrest.
The matter will be heard tomorrow morning before Justice Lenaola for further directions.