Exclusive photo of Political analyst Tony Gachoka outside Industrial area prison where he was detained since Friday after he failed to pay a fine of 2million to secure his freedom.
BY SAM ALFAN.
High Court on Monday ordered the release of political analyst Tony Gachoka’s pending the hearing and determination of an appeal filed by his lawyer Gitobu Imanyara over contempt of court charges against him.
Justice Weldon Korir ordered the immediate release of Mr Gachoka from the Industrial Area Prison, ruling that he had raised a strong appeal against his conviction, which would be overtaken by events if he continued being in jail.
This comes a day after Gachoka 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.
In a ruling on Monday, Justice Weldon Korir suspended Gachoka’s Sh2 million fine and the six months jail term he risked, following an application by lawyer Gitobu Imanyara
“Mr Gachoka had already approached this court seeking a review of the contempt-of-court proceedings, which application will be overtaken by events if he is in prison. I therefore order his immediate release pending (the) determination of his appeal,” ruled Korir.
“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 morning I shall file a formal complaint with the Judicial Service Commission against magistrate over the jailing of Tony Gachoka”.
Gachoka had been detained at the Industrial Area Remand Prison after failing to pay the fine following a sentencing last Friday.
The businessman and TV host Jeff Koinange are accused of discussing a defamation case on KTN’s Jeff Koinange Live show despite a court order not to.
The two had been fined Sh2 million each alongside Standard Group boss Sam Shollei and employee Caro Cheruiyot.
Gachoka and Koinange allegedly discussed the case, which is in court, against the Standard Media Group.
The two allegedly linked tycoon Jimi Wanjigi to the Sh56 billion Anglo-Leasing scandals during the JKL show on March 12.
They are accused of discussing Kwacha Group of Companies, in which Jimi is a director, despite having been served with orders.
By the time of this publication, Gachoka was released through his lawyer Imanyara after extracting release order for Tony Gachoka from Industrial area prison where he was detained since Friday after he failed to pay a fine of 2million to secure his freedom.